THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 20666 OF 2022, W.P.NO. 22109 OF 2023 &

C.C.NO.1758 OF 2023

COMMON ORDER:

W.P.No.20666 of 2022 is filed seeking a writ of mandamus declaring the action of the respondents No.2 and 3 in trying to dispossess the petitioners from their patta land to an extent of Ac.0-24 gts., in Survey No.383/A, situated at Achampet Village and Mandal, Nagarkurnool District without following due process of law as illegal, arbitrary and unconstitutional and consequently to pass such other order or orders in the interest of justice.

W.P.No.22109 of 2023 is filed seeking a writ of mandamus declaring the action of the respondents No.2 and 3 in making illegal and unauthorized constructions in the petitioners patta land admeasuring Ac.0-24 gts., in Survey No.383/A, situated at Achampet Village and Mandal, Nagarkurnool District, as illegal, arbitrary and violative of interim order in W.P.No.20666 of 2022, dated 26.04.2022 and consequently, to direct the respondents not to make any construction in the petitioners land and to pass such other order or orders in the interest of justice.

2. Brief facts as claimed by the writ petitioners leading to the filing of these two writ petitions are that one Sri.Suryanarayana, the husband of Petitioner No.1 and father of Petitioners No.2 to 5 succeeded to an extent of Ac.0-38 gts., of agricultural land in his family settlement in the year 1978 and the said land was in his absolute possession and enjoyment till the date of his death in the year 2003. Thereafter, the Petitioner No.1 being the wife and the Petitioners No.2 to 5 being the children succeeded to his property and continued to be in possession and enjoyment of the same. It is stated that pursuant to the orders of High Court in W.P.No.23271/1995, dated 17.10.1995, the Mandal Revenue Officer, Achampet, had issued the proceedings vide No.A/4992/95, dated 28.11.1995 granting succession in favour of the Petitioners No.2 to 5’s father P.Suryanarayana, to an extent of Ac.0-38 gts., in Survey No.383/A, situated in the limits of Achampet Village and accordingly, the name of P.Suryanarayana was recorded in the revenue records. It is alleged that an organization by name Andhra Pradesh Hindi Prachar Sabha, had grabbed the land of the petitioners to an extent of Ac.0-14 gts., out of Ac.0-38 gts., and constructed a building thereon on the ground that the petitioners father has gifted the same to it. However, the donor alleged that the alleged gift deed was fabricated and forged and resultantly, a civil dispute with respect to the same is pending in the form of Second Appeal i.e., S.A.No.156 of 2016 on the file of this Court. In respect of the balance 24 guntas of land, the respondent No.3 without having any right or title, was trying to dispossess the petitioners and tried to make construction of mulgies/shops thereon to lease out the same to third parties. The stand of respondent No.3 was that the respondents No.2 permitted the respondent No.3 to take possession of the said land to make construction thereon. Challenging the same, the petitioners have filed the Writ Petition No.20666 of 2022.

3. Vide Interim Orders dated 26.04.2022 in W.P.No.20666 of 2022, this Court had directed the respondents not to dispossess the petitioners from the land admeasuring 24 guntas in Survey No.383/A, situated at Achampet Village and Mandal of Nagarkurnool District, during the pendency of the writ petition. However, the respondents proceeded to make arrangements/preparations for construction of the shops and though initially it was stopped pursuant to the interim order dated 26.04.2022 and the respondents have again re- commenced the work of excavation in the disputed site. Alleging willful and deliberate disobedience of the directions of this Court, the petitioners have filed the Contempt Case i.e., C.C.No.1758 of 2023. This Court, being prima-facie satisfied that there was violation of the orders of this Court, issued Form-I to respondent No.3