IMPORTANT POINT
Eviction from land requires adherence to due process of law, especially when long-term possession is established.

ORDER :

Surepalli Nanda, J.

Heard Sri Kiran Reddy Mallarapu, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Social Welfare appearing on behalf of respondent Nos. 1 & 2 and Sri R.Sudhakara Naidu, learned counsel appearing on behalf of respondent Nos. 3 to 6.

2. The petitioners approached the Court seeking prayer as under:

“….issue an appropriate writ order or direction particularly one in the nature of Mandamus declaring the action of the respondents 1 and 2 herein in trying to evict the petitioners from their land admeasuring Ac. 1.35 gts situate in S. No 385/37, land admeasuring Ac. 4.87 situate in S. No 385/42 land admeasuring Ac. 4.38 gts situate in S. No 385/38 and land admeasuring Ac. 4.20 gts situate in S.No 385/31 totaling to Ac. 15.20 gts situate at Naravarigudem villge Aswaraopet Mandal Khammam District in pursuance of the orders dt 28. 9. 2007 in Case No. 306/2007/ASPT of the 1st respondent herein as illegal arbitrary unresaonable without jurisdiction contrary to the provisions of A P Scheduled Area Land Transfer Regulation and also violative of Articles 14, 19, 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents herein not to evict the petitioners from the above said land and pass….”

3. The case of the petitioners as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

a) It is the case of the petitioners that, the petitioners are the owners and possessors of land admeasuring Ac. 15.20 gts., situated at Naravarigudem village, Aswaraopet Mandal, Khammam district. In respect of the said land, proceedings were taken under A.P.Scheduled Area Land Transfer Regulation, by 6th respondent herein in LTR Case No. 1178/97/APT and the said proceedings were dropped in favour of the petitioners by the then Spl.Dy. Collector (Tribal Welfare) Paloncha vide order dated 27.10.1997.

b) While things stood thus, the 6th respondent herein and Munugonda Venkamma, i.e the mother of the 3rd respondent had again filed LTR Case No. 13/1998/APT against petitioner Nos. 1 and 2 to evict from abovementioned subject land and the said proceedings were again dropped in favour of the petitioners vide order dated 24.02.2004 by the then Spl.Dy Collector (TW) Bhadrachalam.

c) Subsequently, the mother of respondent Nos. 3 and 4 herein and wife of 5th respondent herein filed CaseNo.306/2007/ ASPT on the file of the 1st respondent herein against the 1st petitioner for evicting the petitioners from S.No.385/1 admeasuring 10 acres of land of Naravarigudem village, Aswarapet Mandal, Khammam district and the 1st respondent vide order dated 28.09.2007 ordered the said eviction. Therefore, basing on the orders dated 28.09.2007, the respondents herein are forcing the petitioners to vacate from their lands and their subject premises.

d) Aggrieved by the order dated 28.09.2007, the petitioners had appeared before the 1st respondent stating that the said land belongs to the petitioners herein, but the 1st respondent had failed to consider the same. Moreover, the orders dated 28.09.2007 does not relate to the petitioners’ land. However, the action of the respondents herein in trying to evict the petitioners from their land is illegal, arbitrary and is contrary to the provisions of the A.P Scheduled Area Land Transfer Regulation and violative of articles 14, 19, 21, and 300A of the Constitution of India. Hence, the present Writ Petition is filed.

4. The counter affidavit has been filed on behalf of official respondent No.2 and para Nos. 4, 5, 10, 11 and 12 are extracted hereunder:-

4. In reply to Para No.2 & 3 of the petitioners’ affidavit, it is respectfully submitted that, it is incorrect to state that the respondents 1 and 2 herein are trying to evict them from the land to an extent of Ac.1.35 gts in Sy.No. 385/37, Ac.4.07 in Sy.No.385/42, Ac.4.38 gts in Sy.No.385/38 and Ac.4.20 gts in Sy.No.385/