ORDER:

This Writ Petition is filed to declare the action of the respondents in trying to dispossess the petitioner from his residential thatched House plot No. 115 admeasuring to an extent of 251 Sq. yards/ 209.869 Sq. meters in Sy. No.103, 104/7 and 125/1 situated in R.A Colony, Duvvada village, Gajuwaka Mandal, Visakhapatnam District inspite of the decree and Judgment passed in favor of the vendor of the petitioner on 08-06-2016 in O.S.No. 77/2013 on the file of Hon’ble Junior Civil Judge, Gajuwaka, Visakhapatnam District without following due process of law as illegal and arbitrary.

2. It is the case of the petitioner that the petitioner is the absolute owner and possessor of the plot No. 115 in Sy.Nos.103, 104/7 and 125/1 admeasuring to an extent of 251 Sq.yards situated in R.A Colony, Duvvada village, Gajuwaka Mandal, Visakhapatnam District having acquired the same through a registered title deed vide document No.2015 of 2020 from his vendor, who in turn acquired this property through a title deed vide document No. 728 of 1984.

Since then, he has been in peaceful possession and enjoyment of the said plot. It is further case of the petitioner that the vendor of the petitioner filed O.S No. 77 of 2013 on the file of Junior Civil Judge, Gajuwaka, Visakhapatnam against the respondent Nos.2, 3 and 4 herein seeking permanent injunction. The said Suit was decreed in favor of the petitioner in respect of the property as mentioned above.

3. It is further case of the petitioner that the respondent authorities have not filed any appeal against the said Suit. In view of the same, it has become final.

4. Learned counsel for the petitioner would submit that now, the respondent authorities are trying to dispossess the petitioner on the guise of that the subject land is Government land. More particularly, as vagu poramboku land without following due process of law, without observing principles of natural justice as illegal and cannot dispossess the petitioner from his land which is a private land. He further contends that the petitioner has acquired the said land through a title deed and he has been in possession by himself or through his predecessor since 1984 and his vendor is in possession of the property through a title deed and decree and judgment of competent Civil Court. Therefore, the title and possession of the petitioner cannot be interfered with and disturbed by the respondent authorities on the guise of Government land having suffered civil decree against them.

5. On the other hand, the learned Government Pleader for Revenue would submit that the petitioner claiming rights over the property apart from Sy. No. 103, 104 but also in Sy.No. 125/1 of R.A Colony, Duvvada village, Gajuwaka Mandal, Visakhapatnam District. As per the RSR, the Sy.No.125/1 is classified as vagu poramboku land, as such, no person can claim title over the vagu poramboku land, more particularly the land of water bodies. But, whereas, the land in Sy. No.103, 104/7 is a private land and also classified as non-

agricultural land.

6. Having regard to the contentions submitted by the learned counsel for the petitioner as well as learned Government Pleader for Revenue that it is an admitted fact that the petitioner acquired the property through a registered deed and he has been in possession and enjoyment of the subject property since four (4) decades either by himself or through his predecessors. It is also an admitted fact that the vendor of the petitioner was granted decree and judgment by competent Civil Court in respect of the said property against the respondent Nos. 2 to 4 herein and it has become final. It is also an admitted fact that the land in Sy. Nos. 103, 104/7 of the R.A Colony, Duvvada village, Gajuwaka Mandal, Visakhapatnam District is a zeroyati land and also classified as non-agricultural land and the plot of the petitioner No.115 situated in Sy.Nos. 103 and 104/7 which is a small extent of 254 Sq. yards, out of Acers of land in Sy. Nos. 103 and 10