THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.36737 of 2013 Between:
Dated 22nd January, 2014 Ponugoti Yanadi and others And …Petitioners Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and another …Respondents Counsel for the petitioners: Sri Venkateswarlu Sanisetty Counsel for the respondents: AGP for Revenue The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in seeking to interfere with the petitioners’ possession of Acs.7.00 of land in Survey No.617 of Somarajupalli Village, Singarayakonda Mandal, Prakasam District as illegal and arbitrary.
The petitioners averred that they have raised Eucalyptus trees over the above mentioned extent of land admittedly belonging to the Government. Respondent No.2 has been allegedly interfering with the petitioners’ possession of the said land. Feeling aggrieved by the said action, they filed this writ petition.
At the hearing, the learned Assistant Government Pleader for Revenue (Assignment), on instructions, submitted that in the year 2008, respondent No.2 has issued house site pattas to some of the eligible persons of Somarajupalli Village, even though physical possession of the land remains with the petitioners. She however submitted that respondent No.2 has not been interfering with the petitioners’ possession of the land.
As the validity of the assignments is not the subject matter of this writ petition, it is not appropriate for this Court to express any opinion thereon. The petitioners are permitted to approach respondent No.2 with a representation for furnishing proceedings under which house site pattas were purported to have been issued. Respondent No.2 shall thereupon furnish a copy of such proceedings. If the petitioners feel aggrieved by the assignments, they shall be free to avail appropriate remedy in accordance with law.
As the petitioners are admittedly in possession of the land and raised Eucalyptus plantation, respondent No.2 shall not interfere with their possession without following due process of law.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.45685 of 2013 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 22nd January, 2014
VGB