HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard Mr. S. Srinivas Reddy, learned Senior Counsel representing Mr. A. Muneendhar Reddy, learned counsel for the petitioner and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 6.

CASE OF THE PETITIONERS

2. The father of the petitioner, late Nagothu Chinnaiah and his brother, late Papaiah, resided in Nagineniprolu Reddypalem Village, for the period from 1946 to 1958. Prior to 1950, they removed wild growth and rocks in the land to an extent of Acs.05.00 guntas in Survey No.262 (New Survey No.262/1) of Sarapaka Village now in Burgampahad Mandal, Badradri - Kothagudam District and brought the said land into cultivation.

i) In the year 1959, they shifted their residence to Sarapaka Village. After demise of his paternal uncle - Mr. Papaiah, who had no issues, his father alone was cultivating the said land.

ii) After demise of the father of the petitioner, himself, his three (03) brothers and two sisters viz., Mr.Nagothu Thamasaiah, Mr.

Nagothu Innaiah, Mr. Nagothu Balaswamy, Ms. Pudota Showrilu @ Sowaramma and Ms. Kommineni Therisa, had been cultivating the said land with dry crops and had been eking out their livelihood from the income derived therefrom. On account of death of wife of elder brother of the petitioner, his elder brother - Nagothu Thamasaiah went into depression and subsequently left the house and his whereabouts are not known to them.

iii) The name of the father of the petitioner was also recorded in revenue records. His father paid Cist in respect of the said land. Even B-Memorandum statements from the years 1964 to 1994 show that his father along with his paternal uncle is in possession of the subject land.

iv) During the month of February, 1984, respondent No.4 ignoring the entries in revenue records issued notice under Section - 7 of the Land Encroachment Act, 1905, to the father of the petitioner herein calling upon him to show cause as to why he should not be evicted from an extent of Acs.04.00 guntas out of Acs.05.00 guntas. After satisfying with record produced by the father of the petitioner in respect of title as well as possession and the survey conducted, respondent No.4 had issued a Certificate baring No.A/433/1984, dated 19.03.1984. In view of the same, the father of the petitioner and his brother are in possession and enjoyment of the said land from at least

1964 though not 1950.

v) In the year 2009, the Assistant Director, Survey and Land Records, Khammam, conducted survey of the said land. As per the said survey, the said land was shown to be located in Survey No.262/2, which is evident from the letter dated 27.11.2014 of respondent No.4.

vi) Thereafter, respondent No.2 issued a memo in Rc.

No.E3/3134/2014, dated 30.10.2015 informing the father of the petitioner that according to the Regional Deputy Director an extent of Acs.04.07 guntas of land in Survey No.262/1 is Government land and that respondent No.4 had taken possession of the said land. In view of the same, the request made by the father of the petitioner for handing over the said land was rejected. Questioning the same, the father of the petitioner filed a writ petition vide W.P. No.1052 of 2016. During pendency of the said writ petition, the father of the petitioner died on 28.01.2016. The petitioner herein, his brothers and sisters were brought on record as his legal heirs. Thereafter, they withdrew the said writ petition and filed a fresh writ petition vide W.P. No.14066 of 2016, which was also withdrawn later. Again they filed another writ petition vide W.P. No.1662 of 2019 before this Court challenging the memo dated 30.10.2015. This Court allowed the said writ petition on merits vide order dated 30.10.2023 directing the respondents therein to reconsider the case of the petitioner herein for handover the possession of land to an extent of Acs.04.07 guntas (which is hereinafter referred to as ‘subject land’) and pass a reasoned order.

vii) Pursuan