ORDER:

This Writ Petition is filed under Article 226 of Constitution of India, seeking the following relief:-

“to issue order or orders more particularly one in the nature of writ of mandamus declaring the action of the respondent nos. 2,3 herein trying to dispossess the petitioners herein from their occupation of agriculture land bearing Sy. No. 129 admeasuring 25.00cents each situated at veluru village, Chilkaluripeta mandal, Guntur District as illegal arbitrary discriminatory violation of right to life and violation Article 21 of constitution of India, and against the due process of law further prayed to declared the inaction of the respondents herein in not considering the representation dated 04.06.2016 & 27.05.2016 as illegal against the law and pass”

2. The petitioners are belonging to Scheduled Caste and Backward Community and are landless poor persons living in below poverty line. They are in possession of above 25 cents land which is barren and poramboku land in Sy. No. 129 of Veluru Village, Chilakaluripeta Mandal, Guntur District has been cultivated by the ancestors of the petitioners and after them, the petitioners without any interruption enjoying the said land. The petitioners made an application to the Government to assign the land and in response to that the Government proposed to consider the request and pending. However, not withstanding such consideration and pendency of their application the respondent authorities are mindlessly objecting the petitioner to enjoy the property by resorting, forcible methods in the name of government programme 8Neeru Chettu9. The respondent authorities are acting at the behest of vested interest like corporate offices and private contractors. The petitioners have also made a representation to the respondents bringing to their notice supported by revenue receipts issued in favour of the petitioner but they are compelling the petitioners to vacate the land at the instance of members of the ruling political party in power and to facilitate their own men in the land and such action of the respondent is illegal arbitrary.

3. It is further contended that respondents came to the land at several times and on 08.07.2015, they tried to conduct survey and orally directed petitioners to leave land for digging, since the government proposed the 8Neeru Chettu9 project. Immediately, petitioners approached the respondents herein on 07.07.2015 and requested not to disposes the petitioners herein as all are landless poor. In spite of that, the respondents herein are visiting the land daily with tractors and JCB to dispossess.

4. No counter is filed by the respondents.

5. Heard the learned counsel for the petitioner Ms. C. Sravani on behalf of Mr. V. Raghunath contended that the petitioners are in peaceful possession and enjoyment of the subject property, being the members of Scheduled Caste and Backward classes and cultivating the same from their ancestors but the respondent officials are making attempt to dispossess them from the property, without following due process of law, despite pendency of their request for issue of Patta in their favour for the land which is in their possession, and high handed attempt to dispossess without following the procedure is not permissible hence sought a direction.

6. The learned Assistant Government Pleader for Revenue contended that no piece of paper is placed on record to substantiate their version that petitioners are in possession and enjoyment of the said agriculture land in Sy. NO. 129 of Veluru Village and claiming it in the absence of any material, no direction would be issued by this court against the respondents and their men from the alleged interference with the property in possession of the petitioner.

7. It is specific case of the petitioners from the beginning that they are in possession of 25 cents each in Survey No. 129 of Veluru Village, Chilkaluripeta Mandal, Guntur District since their ancestors but no piece of evidence is placed on record to e