WP/27792/2007 of Shaik Lalbi, Vs The District Collector, on 31 December 2007

ORDER:

Heard learned counsel appearing for the petitioner as wellas the learned Government Pleader for Revenue appearing forthe respondents.

2. Petitioner seeks a writ of mandamus declaring theproposed action of the respondents in any way highhandedlydispossessing the petitioner from the possession and enjoymentof the land in an extent of Ac.2.00 of land in Sy.No.540,Madanur village, Kothapatnam mandal, Prakasam Districtwithout following due process of law, as illegal, and arbitrary.

3. It is the case of the petitioner that an extent of Ac.2.00belonging to the Government was assigned to her videprovisional assignment order, dated 16-04-1991, inRc.H.4/524/91 pending finalization of the other proceedings forconversion of the poramboke land and for sub-division of thesame. It is not known whether the provisional assignment hasbeen confirmed or not. Even if it is assumed there is no finalassignment and also even if the petitioner is in possession ofthe said land as an encroacher also he cannot be evictedwithout following due process of law under the A.P.LandEncroachment Act, 1905.

4. Having regard to the facts and circumstancesrespondents 2 and 3 are directed not to dispossess thepetitioner if he is in possession of the said land without followingdue process of law.

5. Accordingly, Writ Petition is disposed of. No order as tocosts.

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V.ESWARAIAH,J

31[st] December, 2007.Tsy