MOGAPARTHI MANJULA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners seek a Writ of Mandamus directing the respondents to forbear from enforcing the impugned proceeding Rc.B. /2019 dated .10.2019 of Tahsildar/3rd respondent in respect of the land to the extents of Ac.0.95 cents, Ac.0.92 cents and Ac.1.00 cents respectively in Sy.No.308-3, 308-4, 308-5, 308-6, 308-7, 308-8 of Vallampatla Village, A. Konduru Mandal, Krishna District by holding the said proceedings as illegal without jurisdiction and consequently to set aside the same.

(2.) The petitioners' case succinctly is thus. The petitioners are the owners and possessors of the lands to the extents of Ac.0.95 cents, Ac.0.92 cents and Ac.1.00 cents respectively in Sy.No.308-3, 308-4, 308-5, 308-6, 308-7, 308-8 of Vallampatla Village, A. Konduru Mandal, Krishna District. The 1st and 2nd petitioners acquired the aforesaid lands through their father Muthamala Venkaiah whereas the 3rd petitioner, who is their paternal aunt i.e., wife of their junior paternal uncle M. Nageswara Rao succeeded the aforesaid land through her husband. M. Venkaiah and M. Nageswara Rao succeeded the subject property through their father M. Kotaiah. In recognition of the possession and enjoyment of the petitioners family, the 3rd respondent issued Pattadar Pass Book and Adangals to the petitioners and their father. The subject land is not an assigned land and the petitioners and their ancestors are not the purchasers of the same.

(3.) The 3rd respondent filed counter inter alia contending thus an extent of Ac.3.00 cents of land covered by R.S.No.308/3 of Vallampatla Village of A. Konduru Mandal is classified in the Fair Adangal as Anadheenam Punja (Assessed Waste Dry). The land has been sub-divided into R.S.Nos.308/3, 4,5, 6, 7 and 8 and assigned in favour of the following individuals as per the changes incorporated in the Fair Adangal on 03.12.1971.