THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.16093 OF 2025 ORDER:-

1. This Writ Petition is filed seeking an order in the nature of Writ of Mandamus declaring the action of respondent No.5-The Tahsildar, Chunchupalli Mandal, BhadradriKothagudem District, in conducting Panchanama dated 10.04.2025 without issuing notice and action of respondent No.3-Additional Agent to Government, Bhadrachalam, BhadradriKothagudem District, in passing common order in CMA.Nos.30 and 31 of 2022 dated 18.10.2024 directing to restore the name of respondent No.6 in respect of petitioners properties i.e., H.No.3-1-237/3, 3-1-236, 3-1- 163, 3-1-236/1A, 3-1-237/3A, H.No.3-1-237/A, H.No.3-1-235/3 situated in Sy.No.52/4 of Vidyanagar colony, Chunchupalli Village and Mandal, BhadradriKothagudem District, without issuing any notice and without adding the petitioners as proper and necessary parties, as illegal and arbitrary and consequently requested the Court to set-aside the same.

2. Heard Sri G.Ravi Chandra Sekhar, learned counsel for the petitioners, learned Government Pleader for Social Welfare representing the respondent Nos.1-5 and Sri D.Tharun Kumar, learned counsel for respondent No.6. Perused the record.

3. The brief facts of the present Writ Petition are that the petitioners are alleged to be the owners and possessor of land in Sy.No.52/4 having purchased the same from their vendors through unregistered sale deed by paying valid sale consideration and have constructed pucca houses and paying house taxes to the Gram Panchayat and also obtained electricity connection to their houses and are living in peaceful possession of the subject property. The respondent No.6, without making the petitioners as a party to the proceedings in CMA.Nos.30 and 31 of 2022, obtained orders dated 18.10.2024. Pursuant to the said orders, the respondent No.5 conducted panchanama in the presence of panch witnesses and submitted a report dated 10.04.2005 directing to evict the persons who are in possession of the land to an extent of Ac.1.22 guntas in Sy.No.52/4 situated at ChunchupalliVillae and Mandal, BhadradriKothagudem District and to hand over the same to the 6^th respondent. Based on the said report, the 6^th respondent is approaching the subject property everyday and is trying to evict the petitioners forcefully from the subject property and demolish the same, which is illegal and arbitrary. Hence, the petitioners approached this Court by way of filing the present Writ Petition.

4. Learned counsel for the petitioners would submit that the vendors of the petitioners purchased the subject property from the legal heirs of Bhukya Darsu. It is submitted that Bhukya Darsu and Bhukya Tulsya are brothers. The legal heirs of Tulsya had also acknowledged the sale of their respective shares and the issue was settled amicably in O.S.No.2 of 1998 and there was no land remaining to Tulsya or his legal heirs. It is stated that the petitioners’ vendor Darsu got the subject property on 15.12.1965 along with his brother Tulsya and land to an extent of Ac.9.15 guntas fell to his share and after the demise of Tulsya, his son Bhukya Ramji and wife Bhukya Chandramma filed a suit in O.S.No.2 of 1998 against the defendant Nos.4, 5 & 6 in the said suit who purchased the land to an extent of Ac.0.10 guntas through an Agreement- of-Sale dated 01.12.1969. The said suit was ended with compromise before the Court of Agency Divisional Officer, Kothagudem. As per the terms of compromise, the suit schedule property is part and parcel of Sy.No.51/4 and 52/4 situated at Chunchupally Village.

5. It is further submitted that the 5th respondent herein filed an LTR case before the Special Deputy Collector, Tribal Welfare, Bhadrachalam against one of the grandsons of Tulsya i.e., respondent No.6 and another vide Case No.36 of 2019 and the said Authority was pleased to pass an ejectment order dated 09.02.2021 in respect of land to an extent of Ac.2.15 guntas in Sy.No.52/4, situated at Chunchupally