Government authorities must adhere to the due process of law for the eviction of persons from government land, ensuring that dispossession is not arbitrary, particularly when standing crops are involved.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the respondents more particularly the 3rd respondent in seeking to dispossess the petitioners from the land in Sy.No. 298/1, 299, 300 and 301 to an extent of Ac. 0.50 cents each, situated at Banavasi Village, Yemmiganur Mandal, Kurnool District, as illegal, arbitrary, unjust and violative of Art. 14 and , 21 of the Constitution of India and consequently DIRECT the respondents not to dispossess the petitioners from their respective extent of land in Sy.No. 298/1, 299, 300 and 301 to an extent of Ac. 0.50 cents each, situated at Banavasi Village, Yemmiganur Mandal, Kurnool District and pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to the DIRECT the respondents not to dispossess the petitioners from the land in Sy.No.298/1, 299, 300 and 301 to an extent of Ac. 0.50 cents each, situated at Banavasi Village, Yemmiganur Mandal, Kurnool District, pending disposal of above writ petition and pass

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to vacate the interim order dated 22.08.2022 passed in WP No 22613 of 2025 and dismiss the Writ Petition and pass

The Court made the following:

O R D E R

Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Animal Husbandry representing respondent Nos.1 to 3, learned Government Pleader for Home representing respondent No.4 and learned Assistant Government Pleader for Revenue representing respondent No.5. Perused the entire material available on record. With the consent of learned counsel for both sides, this Writ Petition is disposed of, at admission stage.

This Writ Petition was filed seeking the following relief:

“to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly, 3rd respondent in seeking to dispossess the petitioners from the land in Sy.Nos.298/1, 299, 300 and 301 to an extent of Ac.0.50 cents each situated at Banavasi village, Yemmiganur Mandal, Kurnool District, as illegal, arbitrary, unjust and violative of Articles 14 and 21 of the Constitution of India and consequently, direct the respondents not to dispossess the petitioners from their respective extent of land in Sy.Nos.298/1, 299, 300 and 301 to an extent of Ac.0.50 cents situated at Banavasi village, Yemmiganur Mandal, Kurnool District and pass such other order or orders …’

Contents of the affidavit filed by 1st Writ Petitioner, in brief, are that all the petitioners are permanent residents of Banavasi village, Yemmiganur Mandal of Kurnool District and all belonged to socially and economically weaker community and they live by doing cultivation and agricultural coolie works; that the petitioners were in occupation of Ac.0.50 cents of land each in Sy.Nos.298/1, 299, 300 and 301 situated at Banavasi village, Yemmiganur Mandal of Kurnool District, belonged to the Government for the past ten years and at present, there is standing crop viz. custard, groundnut, paddy, cotton and vegetable crops in the said land, aged about 4 months and after four months the crop would be ready for harvest.

(b) Earlier, respondent No.3 issued Notice dated 11.11.2024 to some of the petitioners, directing them to vacate the land; that the petitioners, who received notice, approached the respondent No.3 and requested him not to dispossess them from the said land, as the said land was unused; that subsequently, the respondents did not take steps for evi