THE HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 20929 of 2003 ORDER:
The petitioners pray for mandamus, declaring the action of fourth respondent in dispossessing the petitioners from their patta land situated in Ammapalem village, Dornakal mandal, Warangal district, as illegal and unconstitutional.
2. The subject matter of the writ petition is as follows:
Survey No. Extent of land
3. The petitioners claim to have purchased the above lands between 1965 and 1975 and are in continuous possession and enjoyment of the same. It is stated that their names are mutated in revenue records and the fourth respondent, without any entitlement, is trying to interfere with their peaceful possession. Hence, the writ petition.
4. Learned Government Pleader, in written instructions, submits that the lands referred to above are covered by certificate issued under Section 38E of the A.P (T.A) Tenancy and Agricultural Lands Act, 1950 (for short, ‘the Act’). Request for restoration of possession to the PTs or their successors-in-interest are being made from time to time. The second respondent, through proceedings No.F2/12990/2002 dated 30.10.2002 read with orders dated 08.08.2003 and 16.08.2003, directed the fourth respondent to inspect the petition lands and take appropriate action. When the fourth respondent is proceeding to take action under the provisions of the Act, by misrepresenting, the present writ petition is filed. From the instructions, learned Government Pleader submits that the petitioners, no doubt, are in possession of petition lands and that respondent Nos.5 to 36 are either protected tenants or their successors-in-interest claiming restoration of possession. He submits that at the time of any enquiry or dispossession of petitioners, the respondent No.4 will certainly follow the procedure and pass appropriate orders.
5. As is evident from the material available on record, the application to put the protected tenants in possession of petition lands is delayed for more than one reason; thus, defeating the very purpose of the Act. With a view to give quietus to the issue, the fourth respondent is directed to pass appropriate orders on the application of respondents 5 to 36 for restoration of possession within a period of four months from the date of receipt of a copy of this order. The stand of the fourth respondent is placed on record that at the time of implementation of the present order or the order of the Collector, the petitioners will be put on notice and will be heard.
6. The writ petition is disposed of as indicated above. No order as to costs.
Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
JUSTICE S.V. BHATT 24th November, 2014 ksm