IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28064 of 2008 Between: 1 Smt. Kunja Subhadra W/o. Bhadraiah, R/o. H.No. 1-225, Sandellapad (V) Musalaimadugu Gram Panchayat, Burgampad Mandal, Khammam District. 2 Sode Dharmaiah S/o. Ramulu R/o. H.No. 1-237, Sandellapadu Musalaimadugu Gram Panchayat, Burgampad Mandal, Khammam District. ..... PETITIONERS AND 1 The Chief Conservator of Forest Opp. RBI, Hyderabad 2 The Divisional Forest Officer Paloncha, Khammam District. 3 The Forest Range Officer Aswapuram, Aswapuram Mandal, Khammam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the action of the respondent No. 2 and 3 in threatening to dispossess the petitioners herein from their premises bearing H.Nos. 1-225 and 1-227 situated at Sandepalladu Vilage, Musalimadugu Gram Panchayat, Burgumpad Mandal, Khammam District, without following the due process of law as illegal,a arbitrary and violative of Articles 19 and 21 of the Constitution of India and consequently direct the respondent not interfere or threaten to dispossess the petitioners from their respective houses, and pass such other order or orders Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 28064 of 2008 ORDER: 1 According to the petitioners they are poor tribals and that they occupied the land belonging to the Government and constructed small houses in the said land and are living peacefully for the last 10 years in the said houses. It is further stated that the petitioners gave applications to the respondent authorities for grant of pattas of the sites in which they are living by constructing houses. Further, on the applications given by the petitioners, the electricity department provided electricity to their houses and the Gram Panchayat also allotted door numbers. While the matter stood thus, the respondents 2 and 3, without any manner of right whatsoever, are visiting the petitioners now and then and are threatening them with dire consequences stating that the said land belong to the forest department and that the petitioners are encroachers, and ultimately on 20.12.2008 the respondents 2 and 3 and their staff visited the houses of the petitioners and asked them to vacate the premises within a week failing which they will be forcibly evicted. Hence the petitioners approached this court and filed the present Writ Petition. 2 Heard the learned counsel for the petitioners and also the learned Government Pleader for Forests. 3 Whether the land belongs to the Government or to the Forest department is not material for disposal of the present Writ Petition. When once the petitioners are in occupation of the said land for the last so many years, in my considered opinion, the authorities shall not take any coercive steps without following due process under law. The documents filed by the petitioners clearly establish that they are paying house tax, electricity charges etc., which clearly amplifies the fact that the petitioners are in possession of the petition schedule houses. Further, as the applications for grant of pattas given by the petitioners are pending with the authorities concerned for consideration, the respondents ought not to have resorted to take such a coercive step, such as eviction. 4 In view of the above, the Writ Petition is disposed of at the stage of admission directing the respondent authorities not to dispossess the petitioners from the premises bearing H.Nos.1-225 and 1-227, situated at Sandepalladu village, Musalimadugu Gram Panchayat, Burgumpad Mandal, Khammam District without following due process under law. No order as to costs. --------------------- 23.12.2008 Kvsn