ORDER:

This writ petition under Article 226 of the Constitution of India is filed claiming the following relief:

"For the reasons stated in the accompanying affidavit, the petitioners herein prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 and 3 in interfering with the peaceful possession and enjoyment of the petitioners' property to an extent of 14 yards with 90' construction of petal house (Rekula shed) vide assessment No. 548/2145 in R.S.No. 214/2A1 in Ammanabrolu Village, Naguluppalapadu Mandal, Prakasam District, as illegal, arbitrary, contrary to law, violation of Provisions of Articles 14, 21 and 300 (A) of Constitution of India and without jurisdiction and further direct the respondents not to interfere with the peaceful possession and enjoyment of the above petal house of the 1st petitioner and not to demolish the above house bearing assessment No. 2145 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. It is the case of the petitioners that petitioner Nos. 2 and 3 are own brothers and petitioner No. 1 is wife of petitioner No. 2. The petitioners are the absolute owners of the property to an extent of 14 yards with 90' construction of petal house (Rekula Shed) vide assessment No. 548/2145 in R.SNo. 214/2A1 in Ammanabrolu Village, Naguluppalapadu Mandal, Prakasam District. The petitioners have been in possession and enjoyment of the subject property for more than 50 years, uninterruptedly. Earlier, the father of petitioner Nos. 2 and 3 had been maintaining mechanic shed in the above property. About ten years back, father of petitioner Nos. 2 and 3 died and thereafter, petitioner Nos. 2 and 3 have been continuing the mechanic shed in the above property. The father of petitioner Nos. 2 and 3 paid tax to Ammanabrolu Gramapanchayat for the last more than 30 years. The 2nd respondent also collected property tax on 07-08-2020 for the assessment years from 2010-11 to 2019-20 and issued property tax receipts in the name of father of petitioner Nos. 2 and 3. While the matter stood thus, respondent No. 2 got issued a notice to petitioner No. 2 on 08- 09-2020 for removal of the mechanic shed in the above property, for which a suitable reply was issued by the petitioners on 24-09-2020. The Village Revenue Officer, Ammanabrolu, has issued a certificate to the petitioners on 27- 10-2020 certifying the possession and enjoyment of the petitioners over the subject property. On 14-11-2020 at about 9 a.m., respondent No. 2 came to the shop of the petitioners and openly proclaimed that he is going to demolish the shop of the petitioners. The petitioners are unable to resist the illegal and highhanded acts of the respondents.

3. During the course of hearing, learned counsel for the petitioners reiterated the contentions urged in the writ petition. Whereas learned Assistant Government Pleader for Revenue, while fairly accepted to follow due process of law to evict or dispossess the petitioners, requested to pass appropriate orders.

4. Undisputedly, the petitioners are in possession and enjoyment of the subject property to an extent of 14 yards with 90' construction of petal house bearing assessment No. 548/2145 in R.S.No. 214/2A1 in Ammanabrolu Village, Naguluppalapadu Mandal, Prakasam District, since more than 50 years interruptedly. The documents produced by the petitioners prima facie establish that they are in possession and enjoyment of the property and therefore the person who is in possession of the property cannot be evicted except by due process of law in view of the judgment of the Apex Court in Rema Gowda (dead) by L.Rs. Vs. M.Varadappa Naidu (dead) by L.Rs1.

5. Hence, the respondents are directed not to dispossess the petitioners from the subject land in an extent of 14 yards with 90' construction of petal house (Rekula Shed) bearing as