ORDER:

The present Writ Petition is filed for the following relief:-

“to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting petitioners to vacate from their landed properties admeasuring Ac.3.525 Cents, Ac.2.655 Cents and Ac.3.830 Cents, thus total extent of Ac.10.01 Cents covered by Sy.Nos.279/3,279/4,281/2,283,262/3,262/9,262/10,2 62/12,262/13,288/1,288/2,288/3,288/5,288/6,288/7, 288/8,288/9,288/10,288/11,329,144/4,70/4,270/5,27 0/6,270/7 of Madhuravada Revenue Village in Vishakhapatnam Rural Mandal of Visakhapatnam District, as illegal, irregular, irrational, violative of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 and offends Articles 14,21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners’ peaceful possession and enjoyment over their said lands and pass such other order or orders as this Hon’ble Court may consider fit and proper in the circumstance of the case”.

2. The short grievance of the petitioners is that, the office subordinates of the 4th respondent are repeatedly visiting their lands and started surveying and marking the said landed properties and when questioned they stated that they had instructions from respondent Nos.3 and 4 and when the petitioners approached the 4th respondent and asked the reason as to why such instructions were given for surveying and marking the said landed properties, the 4th respondent, 2 2 0 2 3 : A P H C : 3700 Tahsildar, informed them that, the landed property is required for public purpose for providing house sites to the followers of the present local politicians belonged to the present Government under “Navaratnalu Pedalandariki Illu Scheme” sponsored by the 1st respondent.

The further grievance of the petitioners is that without following due process of law the authorities are trying to disposses the petitioners from the subject property for providing house sites, as such the present writ petition is filed.

3. The 4th respondent filed counter denying the averments of the petition, inter alia contending that the subject lands were acquired by the Special Deputy Collector, LA,VUDA, Visakhapatnam and thereafter awards have been passed, vide Award nos.10/1988 dated 06.06.1988, award No.12/88 dated 09.06.1988 and vide Award No.20/1988, dated 27.07.1988 and the awarded amount has also been paid to the concerned land owners and possession of the lands was handed over by LA, SDC, VUDA, way back in the year 1988. Hence, the petitioners have neither title nor possession over the said lands. Hence, prayed to dismiss the Writ Petition.

4. Heard Sri Challa Dhanunjaya, learned Senior Counsel, for Sri Challa Venkat, learned counsel for the petitioners and Sri

3 2 0 2 3 : A P H C : 3700 Sashibushan the learned Government Pleader attached to the office of the learned Additional Advocate General.

5. The learned Senior counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, the petitioners succeeded the subject land as successors and legal heirs of their ancestors and their ancestors respectively purchased the property by way of sale deed, dated 06.07.1957. It is further submitted that the revenue authorities also issued pattadar passbook, and the names of the ancestors of the petitioners were entered in Adangal/Pahani. “The Compitant authority has also issued the Legal Heirs Certificate and Family Members Certificate to show that the petitioners are legal heirs of the person whose names found place in revenue records. The learned counsel further submitted that the 4th respondent after due verification of the title deeds issued certificate confirming ownership and possession of the petitioners over the subject property.

6. It is further submitted that, inspite of the same the revenue authorities are trying to dispossess the petitioners and i