THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :30788 of 2010 Date: 8.12.2010 Between: Mamidisetty Surya Krishna ..... PETITIONER AND The District Collector, Machilipatnam and others.. .....RESPONDENTS Counsel for the Petitioner : Sri K.L.N. Swamy Counsel for the Respondents : A.G.P. for Revenue The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :30788 of 2010 ORDER: The writ petitioner claims that from the time of his forefathers, his family is in possession of a small extent of Ac.0.05 cents of open land, over which, a hut was raised, which was assigned H. No. 1-64(old), 1-99(new) in Korukollu Village, Kalidindi Mandal, Krishna District. He has alleged that on 3.12.2010, some persons claiming to be subordinates of respondent No.3, trespassed into the said house and claimed that the land over which the hut was constructed belongs to the Government and that they were instructed by their superior officers to evict the petitioner. The petitioner pleaded that in view of their long standing possession, his family cannot be evicted, that too, without following due process of law. Needless to observe that if the property belonged to the petitioner, the State or its functionaries cannot dispossess him. Conversely, if the land belongs to the Government, the respondents are entitled to take possession from the petitioner by following due process of law. As the grievance of the petitioner is confined to the limited extent of the respondents not following due process of law, the writ petition is disposed of with the direction to the respondents not to evict the petitioner without following due process of law. As a sequel to dismissal of the main petition, W.P.M.P. No.39176 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 8th December, 2010 Note: Furnish c.c. in one week B/o pnb