ORDER:

Heard Sri Vedula Venkata Ramana, learned Senior Counsel appearing on behalf of Sri K.V. Subrahmanya Narusu, learned counsel for the Writ Petitioners and Sri Y. Subba Rao, learned Assistant Government Pleader for Revenue.

2. The Writ Petitioner has made the following prayer:

“to issue a writ, order or direction, particularly a writ in the nature of mandamus, declaring the action of the Respondent Nos.1 to 3 herein in interfering with the possession and enjoyment of the land admeasuring Ac.1.82 cents in Sy.No.242/6 situated in Balaga Village and Mandal, Srikakulam District belonging to the Petitioners and Respondent Nos.4 and 5 herein as high handed, illegal, unconstitutional, without any right or title, and contrary to provisions of Article 300-A of the constitution of India and consequently direct the Respondent Nos.1 to 3 herein not to interfere with possession and enjoyment of the petitioners and Respondent Nos.4 and 5 herein in respect of the said land and pass such other order….”.

3. The averments made in the Writ Petition are that:

a. The three Writ Petitioners and Respondent Nos.4 & 5 are family members of one Sri Bhathula Ramesh Prasad. It is stated in the affidavit that an extent of Ac.1-82 cents in Sy.No.242/6 in Balaga Village and Mandal, Srikakulam District, is an ancestral property of Sri Bhathula Ramesh Prasad and he is in possession and enjoyment of this land during his lifetime being an absolute owner and died intestate leaving behind the three Writ Petitioners along with Respondent Nos.4 & 5.

b. It is also stated in the affidavit that this land was acquired by the ancestors of Bhathula Ramesh Prasad and their families have been in continuous possession and enjoyment of this land for 150 years and after the life time, father of Petitioner Nos.2 & 3 and also Respondent Nos.4 & 5 had died intestate. The said land has come into their exclusive possession and enjoyment. However, it is also strangely pleaded that the son of the 1st Petitioner (1st Petitioner is the grandmother of Petitioner Nos.2 & 3 and Respondent Nos.4 & 5) entered into Registered Agreement dated 28.07.1998 for repairing the said well, which is situated in about 30 cents of land, which is also reflected in the Encumbrance Certificate (Ex.P.2), which is issued on 12.05.2010. It is also averred that the family members of the Petitioners have converted agricultural land and raised crops in the land for the last 30 years.

c. It is also averred in the affidavit filed in support of Writ Petition at Para No.4 that the Petitioners had stopped the agricultural operations in the said land since last few years due to coming-up of residential localities very close to the said land.

d. In Para No.6 of the affidavit, it is averred that the said land is a private land of the Petitioners and it was entered as “Bhathuvari Cheruvu” in the Revenue Records including Adangals of the Village (neither the Revenue Record nor the Adangals have been placed on record), and therefore, the said land does not belong to the Government. It is reiterated again and again that it is a private land. It is further averred that the Government should follow the due process of law, if it wants to utilise the land for any developmental purpose and shall not deprive the Petitioners from their possession and enjoyment.

4. The Revenue Authorities have filed the Counter Affidavit on 21.07.2022. The Official Respondents have denied that the land was a private tank owned by the ancestors and that it is the absolute responsibility of the Petitioners to prove this fact by producing the relevant documentary evidence. It is denied that the said tank got silted and changed into cultivable land. It is also stated in the Counter Affidavit that the Revenue Authorities have got every right to enter into the land vested with the Government and it is the responsibility of the Petitioners to prove their ownership by producing the relevant documents. It is also further stated that it is a “Sarkar Poramboke