M. KALAVATHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India is filed, to issue Writ of Mandamus, challenging the action of 4th respondent in trying to dispossess the petitioners from their lands admeasuring Ac.1.00 cents each out of Ac.8.22 cents in Sy.No.356 of Jujjuru Revenue Village, Veerullapadu Mandal, Krishna District, to assign the same to the landless poor persons without following due process of law, and declare the same as illegal, irregular, without jurisdiction, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, consequently direct the respondents not to dispossess the petitioners from their lands without following due process of law.

(2.) The petitioners specific case is that the land in Sy.No.356 admeasuring Ac.1.00 cents each of Jujjuru Village, Veerullapadu Mandal, Krishna District, having acquired the same from their ancestor namely Mangalapudi Punnaiah. The said Mangalapudi Punnaiah is no other than the father-in-law of 1st petitioner and also brother of Mangalapudi Ramaiah, who is the father of 2nd petitioner. In fact the said Mangalapudi Punnaiah was in possession of Ac.8.22 cents for more than 70 years. The said Mangalapudi Punnaiah used to pay cist to the Government and the receipts are filed along with the writ petition. After the death of said Mangalapudi Punniah, the petitioners succeeded the property and divided the same, in the said devision an extent of Ac.1.00 cents of land was allotted to each of the petitioners and they are cultivating the same in their own right without any hindrance from anybody.

(3.) While the matter stood thus, the 4th respondent and his staff are trying to evict the petitioners from their lands with force and made such serious attempt on 20/2/2020 by the 4th respondent and his staff, identified the said lands for allotment of house sites to the landless poor under the 'Navaratnalu - Pedalandariki Illu'. The identification of the land by the 4th respondent and his staff is illegal, arbitrary and contrary to the provisions of law and requested to issue appropriate direction to the respondents.