HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard Mrs. B. Rachna, learned Senior Counsel representing Mr.

Mohd. Baseer Riyaz, learned counsel for the petitioners and learned Government Pleader for Assignment appearing on behalf of respondent Nos.1 to 4.

CONTENTIONS OF THE PETITIONERS

2. Petitioner No.1 is the absolute owner and possessor of the land admeasuring Ac.0.20 guntas in Survey No.52/1/2, situated at Rayaparthi Village and Mandal, Warangal District. Like-wise, petitioner No.2 is claiming that he is the absolute owner and possessor of the land admeasuring Ac.0.20 guntas in Survey No.52/1/5 of the very same village. It is their ancestral property. Their forefathers were in possession of the said lands and were cultivating the same. In the year 2000, respondent No.4 has issued assignment patta certificates in favour of their fathers. Petitioner No.1’s father name is J. Somaiah and Ac.0.20 guntas of land in Survey No.52/1/2 was assigned to him. Petitioner No.2’s father is Mr. J. Dasharatham and patta certificate was also issued in favour of his father in respect of the land admeasuring Ac.0.20 guntas in Survey No.52/1/5. Their names were also mutated in revenue record. They have not obtained pattadar passbooks either old or new since they belong to poor families and illiterates.

3. In the year 2021, officials of Revenue Department visited the subject lands and tried to measure the boundaries. The petitioners resisted the same. They filed F-Line Application dated 06.09.2021 for conducting survey of the lands in Survey Nos.52/1/1, 52/1/2, 52/1/3, 52/1/4 and 52/1/5 of Rayaparthi Village. The same was not considered. On the application filed by the petitioners, the Public Information Officer of respondent No.4 vide letter dated 20.11.2022 informed the petitioners that there are no records relating to house plots. In the year 2023, the Contractor started carrying out construction activity in the neighbouring lands and later they got to know that the Contractor carry out the construction work in the subject lands damaging the cotton crop raised by the petitioners. Challenging the said action of the respondents, the petitioners filed the present writ petition.

CONTENTIONS OF RESPONDENTNos.1 TO 4

4. Whereas, respondent No.4 has filed counter contending that respondent No.4 never issued any assignment patta certificate in favour of father of petitioner No.1, Mr. Jeripothula Somaiah. Even petitioner No.2 also created assigned patta certificate dated 15.07.2000 with the help of employees of respondent No.4. Two-bed room houses were being constructed in the land in Survey Nos.52/2 and 52/3 of Rayaparthy Village. The total land in Survey No.52 of Rayaparthy Village is Acs.97.04 guntas, and it is a Government land (Bancharai). It is adjacent to Warangal - Khammam National High- way. It was assigned to the Weaker Section beneficiaries long ago. There was violation of patta conditions. Therefore, respondent No.4 has assumed the land by cancelling such assignment. Thereafter, respondent No.2 has issued administrative sanction orders in three phases for construction of 2-BHK houses in Rayaparthy Village vide proceedings dated 24.08.2022, 01.09.2023 and 26.09.2023. The said construction was made in the proposed site i.e., Survey Nos.52/2 and 52/3 of Rayaparthy Village, which was resumed by respondent No.4 in the year 2012 vide proceedings No.B/85/2012, dated 28.05.2012 by following the due procedure laid under law. From the date of resumption, the said land is under the control of the Government. The same was allotted for the purpose of 2-BHK. The petitioners are claiming the said land illegally. They have filed the present writ petition with a mala fide intention to grab the said government land. The said 2-BHK houses were allotted to Journalists, who are below poverty line. Respondent No.4 has issued ‘Niveshana Sthalam Certificates’ to Nine (09) Journalists. Vide order dated 26.06.2024, this Court directed to maintain status quo obtaining as on that