ORDER:

The short grievance of the petitioner herein is that the respondents are threatening to dispossess the petitioners from their subject land to an extent of Ac.0.02 cents of 1st petitioner and Ac.0.02 cents of 2nd petitioner, an extent of Ac.0.02 cents of 3rd petitioner, an extent of Ac.0.05 cents of 4th petitioner and an extent of Ac.05.05 cents of 5th petitioner in Sy.No.31 of T.Sirasapalli village of Munagapaka Mandal, Anakapalli District without following the due process of law.

2. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioners, Sri N.Srihari, learned Standing Counsel for ZPP, MPP and Grama Panchayats and Sri E.Kumar, learned Assistant Government Pleader for Revenue.

3. Learned counsel for the petitioners submitted that the petitioners are in possession of the subject land which was occupied by their forefathers long back and using the same for agricultural purpose. Wherein, the Grama Panchayat has recognized the possession, due to political reasons the respondent authorities are threatening to dispossess the petitioners from the subject lands without following law. If such highhanded action takes place it affects the rights of the petitioners. He submitted that even encroachers are entitled for notice. Without following due process of law the authorities cannot dispossess the petitioners high handedly, accordingly prayed to pass appropriate orders in that regard.

4. On the other hand, Sri N.Srihari, learned Standing counsel on counter submitted that the petitioners has no right and title over the subject property. It is a Gramakantam land, the petitioners are using for raring resting their cattle without having any right and petitioners are claiming that they are in possession of the Gramakantam land from their forefathers which is baseless the Writ Petition deserves for dismissal. Accordingly, prayed to dismiss the Writ Petition.

5. Learned Assistant Government Pleader for Revenue on counter submitted that the petitioners are not in possession of the subject property and in the said circumstances issuing notice does not arise and accordingly prayed to dismiss the Writ Petition.

6. Perused the record.

7. No doubt there is no material placed on record to show that the petitioners have right and title over the subject property. The Panchayat is claiming the subject property and the subject property is classified as Gramakantam land. In para-7 of the counter affidavit it was categorically stated that the petitioners are having own houses and own land and in the Gramakantam land in Sy.No.31 of T.Sirisapalli is Ac.0.40 cents is being used for raring and resting their cattle. When the land is classified as Gramakantam land revenue authorities have no role in that regard. In so far as Panchayat is concerned, they have admitted that petitioners are using the said land for rearing and resting their cattle. In view of the admission made by Panchayat regarding possession they have to follow due procedure contemplated under law before dispossessing them from the subject property.

8. Taking the said submission into consideration, this Court is inclined to dispose of the Writ Petition by passing the following order:

“The respondents Panchayat is directed not to interfere with the petitioner’s possession except under due process of law.”

There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.

___________________________ JUSTICE RAVI CHEEMALAPATI

26th June, 2024 SNI

105 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 35307/2022 Dated: 26.06.2024 SNI