LAWS(APH)-2021-6-36

GUKANTI GURAMMA Vs. STATE OF ANDHRA PRADESH

Decided On June 03, 2021
Gukanti Guramma Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This Writ Petition is filed questioning the action of the respondents in trying to dispossess the petitioners from the agricultural lands with Mango plantation admeasuring Ac.5.00 cents, Ac.1.90 cents and Ac.3.00 cents, situated in Survey Nos.814/1, 814/2A and 814/2B respectively of Peddaupparapalli village, Somala Mandal, Chittoor district as arbitrary and illegal.

(2.) The case of the petitioners 1 to 3 is that their husbands namely Govindu, Ramaiah and Venkatappa were the owners of lands admeasuring Ac.5.00 cents in Survey No.814/1, Ac.1.90 cents in Survey No.814/2A and Ac.3.00 cents in Survey No.814/2B respectively, having acquired the same by virtue of D-Form pattas issued by the fifth respondent on 30.06.1997; after the death of their husbands, the petitioners applied for mutation of their names in the revenue records and the fifth respondent, after due enquiry, has mutated their names in the revenue records and issued pattadar passbooks and title deeds and the petitioners are in peaceful possession and enjoyment of their respective lands; when the officials of the fourth respondent tried to interfere with the possession of the petitioners and other similarly situated persons in the year 2000, they made a representation to the fifth respondent and basing on the said representation the fifth respondent addressed a letter to the third respondent on 31.05.2001 directing the third respondent to instruct the fourth respondent to conduct joint survey of the lands in Survey Block Nos.167 and 168 of Pedda Upparapalli village; in spite of the same, no joint survey was conducted; while so, in the year 2019 when the respondent authorities tried to dispossess the petitioner and other similarly situated persons from their respective lands, some of them filed W.P.No.20014 of 2019 and the said Writ Petition was disposed of on 11.12.2019 directing the respondents to conduct joint survey of forest lands with reference to the documents available with the departments after serving notice for conducting the survey and complete the survey within a period of one month, but the survey was not conducted till now; when the respondents once again tried to dispossess the similarly situated persons, the petitioners in WP No.20014 of 2019 filed Writ Petition No.6066 of 2021 and the said Writ Petition was disposed of on 18.03.2021 directing the respondents not to disturb the possession of the petitioners therein except in accordance with law; the petitioners herein are similarly situated persons like that of the petitioners in WP No.6066 of 2021; the petitioners are solely dependant on Mango trees which are there in the subject lands; when the petitioners tried to collect their Mango yield from their respective lands, the respondents are obstructing the petitioners; hence, the Writ Petition.

(3.) Learned Government Pleader submits that survey was already conducted and that the petitioners are in possession of part of the Government land.