COMMON ORDER

All these three writ petitions are filed under Article 226 of the Constitution of India by different petitioners, claiming identical relief, which reads as follows:

W.P.No.14204 of 2021 rd and 4^th petitioners in RS No.74/3 of Mutyalapalli Villagem, Mogaltur Mandal, West Godavari District which was granted by way of house site pattas by the 4^th respondent dated 27.03.1999 is illegal irregular arbitrary against the provisions of The Andhra Pradesh Assigned Lands Prohibition of Transfers Act, 1977 violation of Principles of Natural Justice and violation of Articles 14, 19, 21 and 300A of the Constitution of India.=

W.P.No.23758 of 2020

Mutyalapalli Village, Mogaltur Mandal, West Godavari District.=

W.P.No.9768 of 2020

1977 and violation of Articles 14 19 21 and 300-A of the Constitution of India consequently direct the Respondents not to assign house site Pattas of the property of respective Petitioners situated in an extent of Ac.0-24 and Ac.0-04 cents in R.S.No.74-3 in an extent of Ac.0-02 cents in R.S.No.74/1A in an extent of and Ac.0-03 cents in R.S.No.80/1 in an extent of and Ac.0-03 cents in R.S.No.80/1, Ac.0-03 cents in R.S.No.77/9, Ac.0-03 cents in R.S.No.77/9, Ac.0-03 cents in R.S.No.80/1 and Ac.0-03 cents in R.S.No.80/1 of Mutyalapalli Village Mogultur Mandal of West Godavari District.=

As the facts in all the three writ petitions and contentions of the respondents are one and the same, I find that it is appropriate to decide all the three writ petitions by common order.

W.P.No.23758 of 2020 is taken as leading case to decide the real controversy between the parties, since Respondent Nos. 4 & 6 filed their counter affidavit in W.P.No.23758 of 2020 and no counter affidavit is filed in other two writ petitions.

The case of the petitioners in brief is that, the petitioners are agriculturalists living below poverty line, totally depending on the agriculture income and fishing in the creeks and drains (upputeru). Father of the petitioners – Kollati Suryanarayana occupied land to an extent of Ac.0-24 cents in R.S.No.74/3 of Mutyalapalli Village, Mogaltur Mandal. The then Tahsildar issued pattadar passbook vide Patta No.1545 in the name of petitioners father on 27.03.1999. Since, then he was in possession and enjoyment of the said land during his lifetime. The petitioners? father died on 22.11.2003. Thereafter, the petitioners have been enjoying the same as legal representatives of their father Kollati Suryanarayana. It is contended that, as the petitioners are not having any house or house sites, they made representation to the Government. The same was accepted and also assigned Ac.0-04 cents each as house site by granting DKT pattas in the same property i.e. property occupied by the petitioners?

father. The petitioners constructed RCC building in their respective house sites and houses were assessed to property tax by assigning door number and the petitioners are paying property tax to the gram panchayat. The petitioners inherited the property of their father and the Government having recognized their financial, economic and social condition, issued pattas, dividing the above land into six plots and allotted to six members @ Ac.0-4 cents of land to each person.

The petitioners further contended that, the State Government introduced the policy of >Navaratnalu Pedalandariki Illu? and to implement the said scheme, the first respondent issued various government orders and memos instructing the subordinate authorities to identify the land and also to identify the beneficiaries. But, the employees at the grass root level by over enthusiasm and without following letter and spirit of intention of the government, visited the petitioners residential area and started markings on the existing residential houses as if they intend to assign the same to the third parties. The action of the subordinates of the respondents is nothing but abuse of process of law and violation of the instructions issued by the Government. As the petitioner