Possession claims must be substantiated by official records, and proper inquiry is essential before dispossession, aligning with natural justice principles.

ORDER :

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“….to issue a Writ or direction more particularly a Writ in a nature of Mandamus declaring the impugned proceeding vide R C No 642/2025A dated 0109 2025 is illegal and arbitrary and liable to be set aside and consequently restraining the Respondents 1 to 4 from interfering with the actual physical possession of Petitioners as arbitrary illegal violates Principles of Natural Justice Article 14 21and 300A of the Constitution and the Principles of Natural Justice and consequently direct the Respondents to consider allotment of the extent of land in their respective possession in S No 101/1 of Annavaram Village Bheemunipatnam Mandal Visakhapatnam over their respective extents of the lands in S No 101/1 of Annavaram Village Bheemunipatnam Mandal Visakhapatnam to pass such other order or orders...”

1.1 Heard the learned counsel for the petitioners and the learned Advocate General for the respondents.

2. The contention of the petitioners is that they are in possession of the subject land in Sy. No.101/1 measuring a total extent of Ac.199.28 cents situated in Annavaram Village, which stands classified as AWD (Assessed Waste Dry Land) in the revenue records. Out of the said extent, Ac.14.00 cents is a compact block suitable for development under the CLDP Scheme (Cluster Leadership Development Program). The 28 petitioners are persons living below the poverty line, and their cases were recommended by the Mandal Revenue Officer, Bheemunipatnam to the Project Director, DWMA (District Water Management Agency) vide R.C. No.559/2006 C, dated 20.12.2006, stating that all the beneficiaries of Pyla Petta H/o Annavaram Village had encroached upon Government land in Sy. No.101/1 of Annavaram Village. Further reliance is placed on the communication dated 06.10.2010 of the Station House Officer, Bheemunipatnam, pursuant to which the Tahsildar, Bheemunipatnam submitted a report vide R.C. No.559/2006/A dated 19.01.2011. Apart from the above, in the year 2023 the petitioners filed O.S. No.328 of 2023 before the Court of the VI Additional Senior Civil Judge, Visakhapatnam against certain third parties, wherein an order of injunction was also granted. The petitioners also relied on photographs showing their occupation of the subject land. It is contended that without conducting a proper enquiry, the respondent authorities passed the impugned orders dated 09.09.2025. The petitioners further contend that the contents of the order of respondent No.4 are not known to them and no specific objections were mentioned therein.

3. The petitioners submit that admittedly they have been in possession for a long time and rely upon Report No.226/2006, dated 11.06.2006 as well as the injunction granted in O.S. No.328 of 2023 by the VI Additional Senior Civil Judge, Visakhapatnam. In the said circumstances, the petitioners have requested grant of pattas considering their long possession over the subject property. Without considering the same, the respondents ought not to have passed the impugned orders or attempted to dispossess the petitioners from the subject property.

4. Considering their possession, the names of the petitioners were also recorded earlier. In reply to the said contentions, the learned Assistant Government Pleader, on behalf of the respondents, made submissions based on the facts recorded in the impugned order, stating that the authorities considered the entire issue in the light of the orders passed by this Court in W.P. No.15768 of 2025, dated 27.06.2025. Accordingly, an enquiry was undertaken, notices were