THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1119 OF 2020

ORDER :

This Writ Petition is filed seeking writ of mandamus declaring the action of the respondents 1 to 4 in illegally interfering with peaceful possession and enjoyment of the petitioners patta lands total admeasuring Acs.3.92 guntas in Sy.Nos.344/1, 344/2 and 344/A situated at Ramanujavaram Kondaigudem Village, Manugur Mandal, Bhadradri Kothagudem District, as illegal, arbitrary and without jurisdiction and consequently, to direct the respondents 1 to 4 not to interfere with the peaceful possession and enjoyment of the petitioners patta lands total admeasuring Acs.9.32 guntas in Sy.Nos. .344/1, 344/2 and 344/A situated at Ramanujavaram Kondaigudem Village, Manugur Mandal, Bhadradri Kothagudem District (hereinafter will be referred to as ‘subject property’).

2. Learned counsel for the petitioners submits that the petitioners are absolute owners and possessors of agricultural land situated at Ramanujavaram, Kondaigudem Village, Manugur Mandal, Bhadradri Kothagudem District. The 1st petitioner acquired land admeasuring Acs.5.00 guntas in Sy.No.344/2. The 2nd petitioner acquired land admeasuring Acs.2.32 guntas in Sy.No.344/1, and the 3rd petitioner acquired land admeasuring Acs.2.00 guntas in Sy.No.344/A, all situated at Ramanujavaram Village, Manugur Mandal, Bhadradri Kothagudem District. Their names have been mutated in the revenue records as pattadars and possessors. They have also been issued pattadar passbooks, title deeds, and e-pattadar passbooks on

25.04.2018.

3. Learned counsel for the petitioners further submits that the subject property was originally acquired by the grandfather of the 3rd petitioner in the year 1963. After his demise, the land was settled in favour of the petitioners, and the 3rd petitioner inherited Acs.2.00 guntas of land, with his name duly mutated in the revenue records. The 1st petitioner also obtained an electricity service connection for agricultural purposes in the year 1996. The petitioners have been in possession of the subject property since 1963.

4. While the matter stood thus, respondents 1 to 4, particularly the 4th respondent, appear to have been influenced by certain villagers, who requested that a portion of the subject property be allotted for use as a burial ground. Learned counsel submits that instead of identifying and allotting suitable government land for the villagers of Kondaigudem, the 4th respondent is allegedly insisting upon and pressuring the petitioners to part with 10 guntas of their land for the said purpose, without following the due process of law.

5. On the other hand, the learned Assistant Government Pleader, representing the learned Government Pleader for Revenue, submits that the petitioners have approached this Court under a mere apprehension. He submits that, in fact, no illegal action has been contemplated by the 4th respondent to acquire the subject property belonging to the petitioners. He further submits that, if at all the 4th respondent proposes to acquire any portion of the subject property, he shall follow due process of law as per the procedure established under law. He also assures that the petitioners will not be dispossessed without following such due process.

6. Having heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue, and upon perusal of the material available on record, this Court is of the opinion that the 4th respondent is obligated to follow due process of law before acquiring any portion of the subject property belonging to the petitioners.

7. In the result, the Writ Petition is disposed of with a direction to the 4th respondent not to dispossess the petitioners from the subject property without following due process of law.

As a sequel, miscellaneous petitions, if any, pending, shall stand closed.

____________________ E.V.VENUGOPAL, J Dated : 20-08-2025 KVS