Point of Law: Section 4(1)(b)(ii), but the Government raised a plea that the petitioners are not entitled to restore the land in view of the amendment of Section 4 by Act No.8 of 2008.

ORDER:

1. Initially, this writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

“To issue Writ of Mandamus declining the inaction of unofficial respondents in restoring the land of petitioner by evicting the unofficial respondent from petitioner’s land situated in Sy.No. 472 of Boyyalavaripalem Village, Gudavalur Gram Panchayath, Kondapuram Mandal, SPSR Nellore District as illegal and arbitrary and consequently direct the official respondents to restore the possession of the petitioner”

2. Later, the prayer was amended by order of this Court in I.A.No.2 of 2021 dated 22.09.2021 by replacing the sentence only to the extent of “declaring the inaction of official respondents in restoring the land of the petitioner by evicting the unofficial respondents”, as there is a typographical error in the prayer.

3. The brief facts of the case are that, the petitioner - Pobbaraju Laxmamma is the resident of Gudavalur Gram Panchayat, Boyalavaripalem Village, SPSR Nellore District. Her husband Pobbaraju Tirupal was assigned land of an extent of Ac.0-04 cents in Boyyalavaripalem Village, Gudavalur Panchayat in the year 1983. Since then, the petitioner’s family was in possession of the above land. In the year 2010, the petitioner’s husband - Tirupal passed away. Due to financial crisis, the petitioner left the village in search of her livelihood. After sometime, she returned to the village with a view to construct a house. She unloaded all the raw material in her land for construction of the house. While so, she was obstructed by few villages on the ground that the subject land belongs to Respondent Nos. 5 to 7. Thereafter, the petitioner approached the official respondents in the month of July, 2020, but they have not taken any action. The petitioner found that certain construction is being carried out by unofficial respondents in the land allotted to the husband of this petitioner. The petitioner specifically contended that, after death of her husband - Tirupal, she has not sold the land to any person nor authorized any person to take possession of the land, but she was obstructed from entering into the land. When the petitioner questioned, the unofficial respondents informed that they are constructing house and in that regard, they have dug the land for raising pillars. When the petitioner approached the unofficial respondents to settle the dispute, they abused and threatened her with dire consequences. Though the petitioner approached the local police, as the unofficial respondents are highly influential persons, the police have failed to take any action.

4. The petitioner submits that the subject land is allotted to her husband - Tirupal; the petitioner and her three children succeeded the same as legal heirs after death of Tirupal and the unofficial respondents i.e. Respondent Nos. 5 to 7 have no right to enjoy the property. Even as per the law, even Tirupal or her legal heirs are not entitled to sell or create any interest in the assigned land to the third party and third party is not entitled to claim any right in the property. But, in the present case, nothing of such kind happened, but the petitioner being a member of Schedule Caste and financially weak, Respondent Nos. 5 to 7 took advantage of the poverty of this petitioner in collusion with the revenue authorities - Respondent Nos. 2 to 4, as well as enforcing authorities, raised constructions and therefore, action of the official respondents in failure to restore possession of the property of this petitioner is illegal and arbitrary.

5. It is contended that, land of Ac.0-04 cents in Boyyalavaripalem Village, Gudavalur panchayat was allotted to the petitioner’s husband - Tirupal by the fourth respondent/Tahsildar long ago and no third party can occupy the land of this petitioner as per law. Even the same is brought to the notice of the official respondents who are bound to prevent any activity that is being carried out by third parties in t