ORDER:

The petitioners pray for Writ of Mandamus declaring the action of respondent Nos.4 and 5 in issuing the notice dated 13.01.2020 to the 2nd petitioner claiming the subject property near bus stand, Chintha Chettu previously known as Thane House as Gramakantam lying in S</b>.</b>N</b>o.</b>24</b>0/1 and directing the petitioner to stop the construction of the compound wall as illegal, arbitrary, unjust and violation of provisions of Andhra Pradesh Panchayat Raj Act, 1994 and Articles 14, 21 and 300-A of Constitution of India and for a consequential order to set aside the aforementioned notice issued by the 5th respondent.

2. The petitioners’ case is thus:

(a) The petitioners’ forefathers purchased a portion of Pachipenta Zamindari Estate and some other properties under two Registered Sale Deeds dated 26.04.1927 and 30.10.1928 and enjoyed the same. Subsequently, the petitioner and his brother succeeded their estate and

1st petitioner being elder brother, managing the properties.

(b) When during the lifetime of their father Bayya Narasimha Sarma, some disputes arose with private parties, their parents filed O.S.No.37 of 1996 on the file of Subordinate Judge, Bobbili for permanent injunction. Initially, the said suit was dismissed and later the appeal A.S.No.59 of 2003 filed by the petitioners on the file of II Addl. District Judge (Fast Track) Court, Parvathipuram, was allowed and perpetual injunction decree was granted in favour of the plaintiff and the same attained finality.

(c) The 2nd petitioner who is a local person assists the

1st petitioner as his agent and looks after the property i.e., the subject property. Initially, there was an old tiled building which was subsequently dilapidated and removed. Therefore, to protect the property the petitioners started to construct a compound wall in the month of January, 2020. At that juncture, the 5th respondent issued notice dated 13.01.2020 to the 2nd petitioner claiming that the said property is a Gramakantam and the same is required for constructing Grama Sachivalayam and erected a sign board on 20.01.2020 proclaiming that the property is situated in S.No.240/1 and demanded the petitioners to stop construction and submit objections if any to the Tahsildar. Accordingly, the petitioners approached the Tahsildar along with their documents, but he informed that he had nothing to do with the subject land as it is within the jurisdiction of Grama Panchayat. The petitioners’ family has been in possession of the subject property since 1927 and therefore the respondent Nos.4 and 5 have nothing to do with the said property. It never vested with the government. The notice issued by the 4th respondent is illegal, arbitrary and contrary to the provisions of A.P. Grama Panchayat Act, 1994.