HON’BLE SRI JUSTICE U.

DURGA PRASAD RAO

WRIT PETITION No.21186 of 2019

ORDER:

The petitioners seek writ of mandamus declaring the action of the

respondents 3 and 4 in interfering with their peaceful possession and

enjoyment of agricultural lands in an extent of Acres 1.50 cents comprised in

Survey No.303-4 and Acres 1.50 cents comprised in Survey No.303-5

sitauted in Mittathmakuru Village, Gudur Mandal, SPSR Nellore District, as

illegal and for a consequential direction.

2. (a) Petitioners case briefly is that they are the absolute owners and

enjoyers of the subject lands as the revenue authorities have granted D-Form

pattas in their favour in respect of the subject lands and ever since, they have

been enjoying the same. Of late, the 3rd respondent erected notice board in

the land in Survey No.303-2 informing that the said land belongs to the

Government and house site pattas will be allotted to the landless poor.

Further, the 4th respondent issued a notice in RCB.No.379/2019, dated

10.12.2019, stating therein, the villagers of Edalapalli namely B.Bhaskaraiah

and others were using the Government land for grazing the cattle and also

they dug bores for drinking water purpose and in the meanwhile, the writ

petitioners created some bogus pattas and tried to encroach into the said

lands and therefore, W.P.No.43740 of 2018 was filed by B.Bhaskariah and

in that context, an enquiry is initiated directing the petitioners and others to

attend enquiry before the 4th respondent on 13.12.2019.

(b) It is their further case that the petitioners attended the enquiry on

13.12.2019 and the same was adjourned to January, 2020. The petitioners
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now apprehend that pending the said enquiry, they may be unduly

dispossessed of from the subject lands. It is further submitted that they were

granted pattadar passbooks and in the latest web adangals, their names have

been incorporated. Relevant documents are filed along with material papers.

3. Learned Government Pleader for Assignment would submit that since

the enquiry is pending with the 4th respondent, the petitioners may be

directed to attend the enquiry and cooperate for the smooth completion of

the said enquiry.

4. Considering the above respective representations, this writ petition is

disposed of at the admission stage directing the 4th respondent to give a

personal hearing to petitioners and all other concerned and conduct enquiry

and pass an order strictly in accordance with law within twelve weeks from

the date of receipt of a copy of this order. Till such exercise is completed,

the respondents are directed not to initiate any coercive steps to evict the

petitioners from the lands in an extent of Acres 1.50 cents comprised in

Survey No.303-4 and Acres 1.50 cents comprised in Survey No.303-5

sitauted in Mittathmakuru Village, Gudur Mandal, SPSR Nellore District.

As a sequel, miscellaneous applications pending for consideration, if

any, shall stand closed. No costs.

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U.DURGA PRASAD RAO, J
30.12.2019
SS