THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY Writ Petition No.10515 of 2020
ORDER:
This writ petition under Article 226 of the Constitution of India, seeking the following relief:-
“…..to issue an order or a direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in taking steps to evict the petitioners from the land by respondents in Sy.Nos.233-1 to 233-5 admeasuring an extent of Ac.16.87 cents of land, situated in Manubolu Village and Mandal, SPSR Nellore District without issuing notice, as illegal, arbitrary and in utter violation of the principles of natural justice and in violation of the provisions of Act 30 of 2103 The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act apart from violation of Article 300-A of the Constitution of India and against the settled principles of law and consequently direct the respondents not to dispossess the petitioners from the subject land, without following due process of law.”
2. It is the case of the petitioners in brief is that, the petitioners are the absolute owners and possessors of various extents of agricultural land in Sy.Nos.233-1 to 233-5 admeasuring an extent of Ac.16.87 cents of land situated in Manubolu Village and Mandal, SPSR Nellore District. The said land is a patta land and they purchased the same by means of registered sale deeds, dated 20.04.2001. After purchase of property, they made an application to the Mandal Revenue Officer for grant of pattadar pass books and title deeds under the provisions of the A.P. Rights in Land and Pattadar Pass Book Act. The 4th respondent after conducting an enquiry as contemplated under the provisions of A.P. Rights in Land and Pattadar Pass Books Act has issued pattadar pass books and title deeds in their favour and their names were also mutated in revenue records and since then they are in possession and enjoyment of the subject property.
3. While the things stood thus, in the year 2008, the 4th respondent herein came to the land and informed the petitioners that the possession of said lands is being taken for the purpose of constructions of houses under Indiramma Housing Programme. In this regard, he stated the subject land is assigned land, there is no necessity of initiating any proceedings for acquiring the land under the provisions of the Land Acquisition Act or there is any necessity of issuance of notice, before evicting the petitioners from the subject property. The petitioners were granted pattadar pass books and title deeds in their favour and their names were also mutated in revenue records. Due to the said fact, the petitioners filed W.P.No.24678 of 2008 and W.P.M.P.No.32209 of 2008 on the file of erstwhile High Court of Andhra Pradesh at Hyderabad for stay of all further proceedings including dispossession of the petitioners from the subject property and the erstwhile High Court of Andhra Pradesh at Hyderabad was pleased to grant stay of eviction of petitioners from the subject land until further orders in M.P.No.32209 of 2008 in W.P.No.24678 of 2020, dated 11.11.2008 and later, the petitioners had withdrawn the writ petition on 25.04.2011 for the reason that a separate order was passed for resumption of the subject land, after filing of the earlier writ petition.
4. Again the petitioners filed W.P.No.13303 of 2011 on the file of erstwhile High Court of Andhra Pradesh at Hyderabad requesting to declare the orders passed by the 4th respondent herein i.e., Tahsildar, Manobolu in Rc.B.231/2007, dated 21.08.2007, as illegal and arbitrary, thereupon the erstwhile High Court of Andhra Pradesh at Hyderabad in M.P.No.16144 of 2011 in W.P.No.13303 of 2011, dated 30.04.2011 has observed that the petitioners are made out prima facie case to restrain the respondents from proceeding further in dealing with the subject land and later the said writ petition was dismissed as withdrawn on 21.12.2011.
5. The petitioners addressed a letter to the Minister for Revenue to do justice with the regard to the said matter, su
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