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Judgment
ORDER
This Writ petition is filed questioning the action of respondent nos. 4 and 5 in interfering with the petitioners’ peaceful possession and enjoyment of the house site plots bearing Nos.78,82 and 83 in Survey No.196, in an extent of Ac.0.2½ cents each situated in Hirdehal Village, D.Hirehal Post and Mandal, Ananthapuram District.
Heard Sri K.Srinivas, learned counsel for petitioner, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue and Sri G.Ramesh Babu, learned counsel for respondent no.6.
Sri K.Srinivas, learned counsel, while reiterating the contents of the writ affidavit would contend that all the petitioners were granted house site pattas in a extent of Ac.0-2 ½ cents and ever since they have been in possession and enjoyment of the same and the revenue authority had also issued DKT patta to Sunkalamma Devasthanam for the purpose of construction of temple, but the official respondent nos.4 and 5 at the instigation of unofficial respondent no.6 are trying to interfere with the possession and enjoyment of the petitioners over the subject land. Accordingly, prayed to allow the writ petition.
On the other hand, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue, and Sri G.Ramesh, learned counsel for respondent no.6, contended that the petitioners are encroachers of the subject land.
Perused the material available on record and considered the submissions made by learned counsel for the parties.
The contentions raised by learned counsel for respondents would indicate that the petitioners are in possession of the subject land. This Court while exercising extraordinary jurisdiction under Article 226 of the Constitution cannot decide as to whether the occupation of the petitioners over the subject land is by virtue of pattas are unauthorized. It is a well settled principle that even encroachers are entitled for notice before eviction.
Be that as it may, since the respondents admit possession of the petitioners over the subject land, they cannot be evicted unless under due process of law.
In the above view of the matter, this writ petition is disposed of, directing the respondent authorities not to dispossess the petitioners except under due procedure contemplated under law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed.