Andhra Pradesh High Court - Amravati
226 Of The Constitution Of India Seeking ... vs Unknown on 14 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.9933 of 2015
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in unauthorisedly interfering with the petitioners peaceful possession and enjoyment of agriculture lands in an extent of Ac.4.87 cents of land in survey number 46/2 vide DKT No.12/97 of Srinivasapuram Village, the 2nd petitioner was assigned Ac.4.82 cents in survey number 72 vide DKT No.34/93 of Srinivasapuram Village, the 3rd petitioner was assigned Ac.3.83 cents in survey No.73 vide DKT No.370/93 of Srinivasapuram Village, the 4th petitioner was assigned Ac.4.77 cents in survey No.37/2 vide DKT No.472/86 of Srinivasapuram village, represented by his Grand daughter as original assignee (Chenga Reddy) died, the 5th petitioner was assigned Ac.4.77 cents in survey No.52/2 vide DKT No.441/86 of Srinivasapuram village, the 6th petitioner was assigned Ac.5.54 in survey number 36 vide DKT No.487/86 of Srinivasapuram Village as original assignee (Narasimha Reddy) died reptd. by his son, the 7th petitioner was assigned Ac.4.79 cents in survey No.41/1 vide DKT No.472/86 of Srinivasapuram Village reptd. by his brother's son as originally assignee (Chengaiah) died, the 8th petitioner was assigned Ac.5.57 in survey number 43/2 vide DKT No.466/86 of Srinivasapuram village as original assignee (Balamma) died reptd. by her grandson, the 9th petitioner was assigned Ac.4.79 cents in survey No.42 vide DKT No.480/86 of Srinivasapuram village and the 10th Petitioner was assigned Ac.3.71 cents in survey No.41/1 vide DKT No.441/86 as the original assignee (Venkatramaiah) died reptd. by his son, of Kothapalli Village, Railway Kodur, Kadapa District without issuing any notice and without following any procedure as totally arbitrary, illegal and unconstitutional being violative of articles 14, 19, 21 and 300-A of the Constitution of India and also contrary to B.S.0. and Assignment Rules and consequently direct the respondents not to dispossess 2 the petitioners from their agriculture lands of Srinivasapuram and Kothapalli Villages of Railway Kodur Mandal, Y S R Kadapa District and to pass such other orders".
2. On 09.04.2015, while ordering notice before admission, this Court passed the following interim order:
"....So long as the assignment pattas are granted in favour of the petitioners, their possession and enjoyment over the lands in question, shall not be interfered with, without following due process of law."
3. Today, when the matter came up for hearing, learned Government Pleader for Revenue has produced instructions of the 3rd respondent-Tahsildar, in Ref.No.A/506/2022, dated 06.11.2022, wherein the Tahsildar has stated that some of the petitioners are not in possession of the subject land but some others are enjoying the subject land. As seen from the prohibited property list maintained by the office of this respondent, though the subject lands are mentioned as assigned lands, all the said lands are purchased by others and hence violated the conditions of Assignment. Further stated that, some of the petitioners have got DKT pattas by producing fake documents even though majority of them are not local residents of Kodur mandal and have not eligible to get DKT pattas. They were residents of Chittoor and Anantapuram District. Therefore, during the special drive conducted in 2007 3 to identify the pattadars who violated the Assignment conditions, the pattadars mentioned above have violated the DKT rules and are not in possession of the land and hence the DKT pattas of the petitioners were cancelled by the then Tahsildar, Railway Kodur.
4. Recording the above instructions of the Tahsildar, instead of going into the merits of the case, it is suffice to issue a direction to the respondent authorities not to dispossess the petitioners from their respective lands, if at all they are in possession, except by following due process of law,.
5. With the above direction, the Writ Petition is disposed of, with the consent of both the counsel. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any in this writ petition, shall stand closed.
_______________________ JUSTICE V.SUJATHA Date : 14.11.2022 ARR 4 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.9933 of 2015 Date : 14-11-2022 ARR