APHC010221362012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 27369/2012 Between: B.ramalakshmi and Others ...PETITIONER(S) AND The District Collector and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. Dr CHALLA SRINIVASA REDDY Counsel for the Respondent(S): 1. BADRI VENKATA REDDY 2. GP FOR REVENUE The Court made the following: ORDER: The present writ petition is filed questioning the action of the respondents proposing to distribute the patta lands of the petitioners to landless poor in R.S.No.6, 11, 12/2, 13/2, 14/2, 15 and 16/2 admeasuring to an extent of Ac.38.25 cents and also accretion lands in survey No.6 of Mulakapalli Village, Thotlavalluru Mandal, Krishna District, and issuing notice dated 20.09.2012, as arbitrary, illegal and consequently, to direct the respondents to conduct the survey in respect of the said lands of the petitioners including accretion lands and to issue ryotwari pattas to the petitioners for the same. 2 2. Heard Dr.Challa Srinivasa Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 3. The petitioners state that initially, the Nuzvid Zamindar, Sri.Venkatadri Apparao granted Inam as Sarva Agraharam to extent of Ac.183.08 cents to Sri Suri Krishna Somayajulu and the same has been later confirmed by Inam Commissioner in the year 1859 and was issued title vide title deed No.158 to the Agraharamdars. Later, Sri.Suri Krishna Somayajulu and his 11 successors stated to have sold an extent of Ac.25.63 cents by way of two registered sale deeds bearing document Nos.669/1948 and 670/1948 in favour of Sri.Suri Venkateswarlu and 36 others of Mulakalapalli Village. Similarly, land to an extent of Ac.12.10 cents was alienated by way of registered sale deed vide document No.1377 of 1950. The petitioners claim to have purchased the subject lands, which are held by them now, from the aforesaid persons. They calm that they have purchased small extents of lands totally admeasuring Ac.38.25 cents in Sy.Nos.11, 13/2, 13/7, 14/2, 15 and 16/2 of Mulakapalli Village. They are cultivating the said lands by raising sugarcane crops and they are in possession and enjoyment of the same. 4. That being so, the respondent Nos.3 and 4 have planted flags over the petitioners’ patta lands and proposed to distribute the same to landless poor persons. Questioning the said action, the petitioners 3 earlier filed W.P.No.16385 of 2005, which was disposed of by the judgment dated 27.07.2005, directing the respondents therein to follow due process of law before contemplating any action of dispossession/distribution of land to the landless poor. Further, the respondents were directed to conduct survey of the entire patta lands admeasuring Ac.183.08 cents out of which Ac.38.25 cents belonged to the petitioners by issuing prior notices until then, interim stay on distribution of pattas were ordered. Petitioners further state that though the aforesaid order directed the respondents to conduct the survey within eight (8) weeks from the date of receipt of the copy of the order, no steps were taken and they continue to be in possession and enjoyment of the subject lands. Once again, it is stated that the respondents tried to enter into the petitioners’ patta lands and also accretion land for the purpose of distributing the same to the landless poor. On such apprehension, the present writ petition came to be instituted. 5. The 4th respondent/Tahsildar has filed counter, inter-alia stating that the patta lands claimed by the petitioners were classified as dry lands and that the petitioners are in possession and enjoyment of the same and further that the Mandal Surveyor from the office of Assistant Director, Mines and Geology, Vijayawada, conducted the survey of R.S.No.6 of Mulakalapalli Village, to identify the sand reach, which is located adjacent to the lands of the petitioners and for the said 4 purpose, the surveyor planted flags and it is denied that the petitioners’ lands are taken possession and distributed to landless poor persons. It is further stated that the land in R.S.No.6 is classified as Krishna River and that the petitioners have encroached the same. 6. Perused the record. 7. Considering the submissions on both sides, this Court finds that the grievance of the petitioners appear to be that of their patta lands were sought to be given to the landless poor by forcefully dispossessing them, besides, they also claim to be in possession and enjoyment of part of the land in R.S.No.6, which is an accretion land for which the petitioners claim entitlement to patta. Whereas, the counter filed by the respondents state that they have not proposed to distribute the lands of the petitioners to the landless poor and infact the counter categorically states that the petitioners have been issued pattadar pass books and title deeds in respect of the lands in survey No.11, 12/2, 14/2, 15 and 16/2. Further it is silent about Sy.No.13/2. However, the same acknowledges that the petitioners are in possession and enjoyment of the same. In so far as R.S.No.6 is concerned, the counter states that the same is classified as Krishna River and that a part of it is encroached by the petitioners. 8. As the counter confirms the right and title of the petitioners in respect of the patta lands and that they are not interfering with the said lands, and that on earlier occasion, this Court had directed the 5 respondents to conduct the survey of the entire extent of Ac.183.08 cents of Mulakalapalli village of which, petitioners own an extent of Ac.38.25 cents, the prayer in the writ petition to that extent does not need any further adjudication. In respect of the land which is claimed by the petitioners to be in their possession, for which they claim patta, covered in R.S.No.6 of Mulakalapalli village, the respondents in the counter stated that the same is classified as Krishna river, though admitted that the petitioners are in possession as encroachers, and therefore not entitled for any patta. As there is no claim or substantive proceeding pending with regard to grant of patta over the land in R.S.No.6 of Mulakalapalli village, no opinion is expressed. 9. In view of the above, this court considers to dispose of the writ petition with a direction to the respondents to follow due process of law before they take any further steps to dispossess the petitioners in respect of the said extent of land in R.S.No.6 of Mulakalapalli Village. 10. With the above observations, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________ CHALLA GUNARANJAN, J Date: 07.01.2025 RSD 6 HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 27369/2012 Date:07.01.2025 RSD