ORDER:

Petitioners prayed for writ of mandamus declaring the action of the respondents and their subordinates in interfering with the petitioners’ peaceful possession and enjoyment of their lands without issuing any notice and following due process of law, as illegal, arbitrary and for consequential direction.

2. Petitioners’ case succinctly is thus:

(a) Petitioners are granted DKT Pattas in respect of land situated at Motupalli Village, Chinaganjam Mandal, Prakasam District as follows:

S.No.	Petitioner	Sy.No	Extent (in Acres)	DKT Patta Number and Date
1.	1st Petitioner	115/5	0.85	DK 73/1411 12.10.2001
2.	3r Petitioner	115/1	1.00	DK 328/1410 21.04.2001
3.	4th Petitioner	115/1	2.00	DK 171/1410 21.04.2010
4.	5th Petitioner	115/1	1.00	DK 171/1410 21.04.2001
5.	6th Petitioner	115	2.00	DK 30/1415
6.	7th Petitioner	115	2.00	DK 30/1415
7.	8th Petitioner (patta given in the name of his father Sri . Lakshmaiah)	115	1.64	DK 375/1410 25.03.2002
8.	9th Petitioner (patta given in the name of his father Sri R. Veeraswamy)	115	1.00	DK 115/1411 30.11.2001
9.	10th Petitioner	115	1.00	DK 210/1411 30.11.2001
10. 11th Petitioner		115	0.80	DK 115/1411 30.11.2001

(b) Since the date of assignment petitioners have been enjoying their respective lands and after enquiry they were issued Adangals, Pattadar Pass-books and title deeds in respect of their lands. Petitioners spent huge amounts to bring their respective lands under cultivation as at the time of assignment the lands were not in an arable condition.

(c) Further case of the petitioners is that the staff of respondents i.e., Surveyor, Engineer etc., visited the land on 06/07.06.2021 and took measurements. When enquired by the petitioners, they informed that respondents were proposing to lease out the lands for extracting silica sand. Respondent authorities have not issued any prior notice to the petitioners and no enquiry was conducted and hence the efforts of the respondents are arbitrary, illegal and contrary to the law. Hence, the writ petition.

3. Respondent Nos.1, 2 and 4 filed counter and opposed the writ petition contending thus:

(a) The 5th respondent vide Rc.B/138/2020, dated 23.11.2020 has confirmed that the land in question is a vacant land and not occupied by anyone and accordingly issued No Objection Certificate (NOC) for grant of quarry lease for silica sand in favour of the following persons:

Sl No.	Name of the applicant	Location of the Area	Recommended Extent (in Hects)
1.	Sri M. Srinivasulu (File No.3664/Q/2020)	Sy.No.115-1 of Motupalli (V), Chinnaganjam (M)	2.000
2.	Sri S. Naga Suresh Babu (File No.3665/Q/2020)	Sy.No.115-1 of Motupalli (V), Chinnaganjam (M)	0.770
3.	Sri Y. Venkateswara Rao (File No.3819/Q/2020)	Sy.No.115-1 of Motupalli (V), Chinnaganjam (M)	3.000
4.	Sri Ch. Srinivasa Rao (File No.3818/Q/2020)	Sy.No.115-1 of Motupalli (V), Chinnaganjam (M)	3.000
5.	Sri B. Srini Vasa Rao (File No.3820/Q/2020)	Sy.No.115-1 of Motupalli (V), Chinnaganjam (M)	2.000

(b) The 4th respondent is not aware of the pattas said to be granted in favour of the petitioners. However, as stated supra, the Tahsilar has issued NOC and stated that the land was classified as Sona Porambok and it is a vacant land on ground. Therefore the petitioners’ claim that they were granted DKT Pattas is false.

(c) It is further contended that after issuance of NOC by the 5th respondent, the 4th respondent has submitted combined proposals to the 2nd respondent i.e., The Director of Mines & Geology, Ibrahimpatnam vide F.No.3664/Q/2020, dt: 08.12.2020 for grant of quarry lease for silica sand in Sy.No.115/1 of Motupalli Village for 20 years in favour of the following persons:

Sl No.	Name of the applicant	Location of the Area	Recommended Extent (in Hects)
1.	Sri M. Srinivasulu	Sy.No.115-1 of Motupalli (V), Chinnaganjam (M)	1.969
2.	Sri S. Naga Suresh Babu	Sy.No.115-1 of Motupalli (V), Chinnaganjam (M)	0.701
3.	Sri Y. Venk

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