The principles of natural justice require that a person should be given a fair and reasonable opportunity to be heard before any decision is taken that affects their rights or interests.

ORDER:

The present Writ Petition is filed seeking the following relief:

"…to issue an appropriate writ order or direction more particularly one in nature of Writ of Mandamus declaring the proceedings in RC.No .245/A/2019, dated 16.11.2019 issued by the respondent No.2 ordering subdivision of the Sy.No.170 of Dadi thota Village Fields, Tadimarri Mandal, Ananathpuram District into Sy.No.170/1 and 2 and demarcating the land in an extent of Ac.0.15 cents out of Ac.1.75 cents as Rasta which belongs to the petitioner at the instance of the respondents No.3 and 4 as arbitrary, illegal, without power or authority, colorable exercise of power and contrary to the provisions of the Andhra Pradesh Board of Revenue Standing Orders and also the A.P. Survey and Boundaries Act, 1923 apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Article 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same…"

2. The case of the petitioner in brief is that, the revenue authorities have assigned land to an extent of acres 1.75 cents in Survey No.170 of Dadithota Village Fields, Tadimari Mandal, Ananathapuram District in 4th Phase Land Distribution Programme held on 19.01.2008, through the assignment patta dated 07.11.2007 and since then the petitioner is in possession and enjoyment of the said land and her name was mutated in the revenue records and pattadar pass book and title deeds have also been issued in her favour.

It is the further case of the petitioner that when the respondent Nos. 3 and 4, who are adjacent land owners on the southern side of the subject land started interfering with the petitioner’s possession, she filed a suit against respondent No.3 on the file of the Court of the learned Additional Junior Civil Judge, Dharmavaram, for injunction and in the said suit respondent No.3 remained ex-parte and an ex-parte Decree, dated 23.04.2019 was passed and it has attained finality.

It is further case of the petitioner that, respondent Nos. 3 and 4 have filed an appeal before the Revenue Divisional Officer, Dharmavaram, seeking to cancel the pattadar pass book and title deeds granted in favour of the petitioner, on the ground that the petitioner is a wealthy pattadar. The Revenue Divisional Officer dismissed the appeal vide orders in D.Dis.725/2018/(G), dated 29.08.2019. It is the further case of the petitioner that the respondent Nos.3 and 4 who tried and failed to occupy the land assigned in favour of the petitioner and in order to extend their lands to the road facing Dodhithota-Chillavaripalli road, have approached respondent No.2 and requested him to provide a Rasta to their land connecting Dodhithota-Chillavaripalli road as if they don’t have access to the lands owned and possessed in Survey No.169, even though there is an earmarked Rasta to reach their agricultural lands. Pursuant to the said request, respondent No.2, through the impugned proceedings dated 16.11.2019, demarcated an extent of Ac.0.15 cents and Ac.1.60 cents, for Rasta at the width of 315 links to the northern side and 308 links to the southern side, which would come to an extent of 208 and 203 feet respectively, by making sub-division as Sy.No.170/1 & 2 respectively. Questioning the same the present Writ Petition has been filed.

3. To the said Writ Petition the respondent No.2 filed his counter denying the allegations, inter alia, contending that, the land in Survey No. 170, to an extent of Acres 1.75 cents is classified as Government Dry Assessed Waste (banjaru) and as per the version of the Writ Petitioner, the land in Survey No.170, to an extent of Ac.1.75 cents of Dadithota village, was assigned in her favour vide D.A.R.D.Dis.No.8/1417, dated 07.11.2007. But as could be seen from the records there is no such assignment file available in the office. Moreover the entries with regard to the above said assignment are not made in any of the village accounts such as R.S.R., F.M.B., T.M.No.4, Adang