THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.20147 OF 2020

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:-

“... to issue Writ or direction preferably Writ of Mandamus, declaring the action of the respondent nos.7 and 8 and their subordinates in high handedly trying to dispossess the petitioner from the land admeasuring Ac.2-00 in Sy.no.137/1/E situated at Chunchupally Revenue (V&M) Bhadradri Kothagudem District without issuing prior notice and without following due process of law under the pretext of establishing prakruthi vanam as illegal, arbitrary, violative of principles of natural justice and Art 14 and 300-A of Constitution of India and consequently direct the respondent nos.2 to 8 not to dispossess the petitioner from the subject land without following due process of law and pass such other or further orders …”

2. Heard Mr.Kowturu Pavan Kumar, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 3 and 6, Ms.Anjamma, learned Assistant Government Pleader representing learned Government Pleader for Panchayat Raj appearing for respondent No.4 and Mr.Ram Prasad, learned counsel representing Mr.G.Narender Reddy, learned Standing Counsel for Gram Panchayath appearing for respondent Nos.5, 7 and 8.

3. The brief facts of the case are that the petitioner is a scheduled tribe and she is in continuous possession of land admeasuring Acs.5-00 gts in Sy.No.137/1/E situated at Chunchupally Revenue (V&M), Bhadradri Kothagudem. District, which is an Agency Area; that she purchased the land admeasuring Acs.2-20 gts., from one Bhukya Ramdas on 6-1-2014 through sada sale deed; that the land admeasuring Acs.2-20 gts., was purchased through sada sale deed from Bhukya Papanayak on 17-2-2014; that the subject land of Acs.5-00 gts in Sy.No.137/1/E was recorded in 1955-56 pahani as patta land in the name of one Meddela Anandam; that the original pattadar had sold the said land to one K.Durga Rao through registered sale deed prior to Regulation 1/70; that the said Durga Rao in turn had sold the entire land to one Bhukya Ramadas; that thereafter, Bhukya Ramdas had again sold an extent of Acs.2-20gts. of land, to petitioner and another extent of Acs.2-20 gts., to one Papa nayak; that subsequently the said Papanayak, in turn sold away said extent of land admeasuring Acs.2-20 gts. to the petitioner herein and as such presently the said two sada sale deeds were registered in favour of the petitioner herein, who is the owner of Acs.5-00 gts of land at Chunchupally.

4. It is stated that when the revenue officials sought to interfere with the possession of subject land, one K. Durga Rao i.e., the petitioner’s vendor's vendor had filed O.S.No.41 of 1989 on the file of learned Sub-ordinate Judge at Kothagudem seeking the relief of Injunction against the Government and Revenue officials. Vide judgment dated 11-9-1992 in O.S.No.41 of 1989, Perpetual Injunction was granted in favour of the petitioner’s vendor's vendor and the stand of defendants stating that the subject land is Government land was rejected; that the petitioner was the subsequent purchaser from the said Durga Rao and that the Injunction was continuously operating in favour of petitioner as well. Whileso, respondent no.6 and other officials allotted the land admeasuring Acs.2-00 gts in Sy.No.137/1/E in favour of respondent Nos.7 and 8 for development of "Prakruthi vanam", without issuing any notice to the petitioner; that respondent Nos.7 and 8 and its subordinates high handedly threatened to dispossess the petitioner from the land admeasuring Acs.2-00 gts in Sy.No.137/1/E.

Aggrieved by the same, the petitioner had submitted a representation dated 02.11.2020 to the concerned officials. But in vain; that the petitioner had also submitted another application through on-line Mee seva on 31-10-2020