B LAKAIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) dispossess them from plot Nos. 1 and 3 in Sy. No. 298/2 over an extent of Ac. 0.02 cents each of Muthyalareddypalle Village Accounts, Tirupati Rural Mandal, Chittoor District without following any procedure and without giving any notice or opportunity to them as wholly arbitrary, illegal and unjust. Heard. The petitioners in the instant writ petition pray for issuance of a Writ of Mandamus declaring the unauthorised high-handed action of the Mandal Revenue Officer, the 3rd respondent herein at the instance of the District Collector, the 1st respondent in seriously making attempts to

(2.) It is the case of the petitioners that the then Tahsildar, Chandragiri granted house-site pattas in Sy.No.298/2 of Muthyalareddypalle Village.over an extent of Ac. 0.02 cents each earmarking as plot Nos. 1 and 3 in their favour on 28-8-1985. It is submitted that they have raised super structures in the said plots and continue in actual possession and enjoyment of the same. While the matter stood thus, one Sankara Reddy, the former Sarpanch of the village made an attempt to interfere with their possession of the land. The petitioners were constrained to file O.S.Nos. 820 and 818 of 1985 on the file of the learned I Additional District Munsif, Tirupati for the relief of permanent injunction. The said suits were decreed as prayed for by judgment dated 1-2-1990.

(3.) It appears that the said Sankara Reddy having lost the suit got an application filed by the Executive Officer of the Gram Panchayat before the 1st respondent requesting to alienate an extent of Ac.0.80 cents of land in Sy.No.298/2 in favour of the Gram Panchayat for use as library and public market by the Gram Panchayat. It so happened that the 1st respondent referred the matter for alienation. The 1st respondent by proceedings dated 2-1-1993 after hearing the Executive Officer of Gram Panchayat prima facie came to conclusion that there is a materi irregularity coupled with the mistake of from in the proceedings of the 3rd respondent the matter of assignment of the land question to eligible persons. Accordingly, the 1st respondent granted stay of grant of house-sites to the petitioners herein pending disposal of the representation of the Executive Officer, Muthyalareddipalle Gram Panchayat. The 3rd respondent was directed to send the complete file for the perusal of the 1st respondent.