K. J. PATTABHI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed by the petitioners questioning the notice dtd. 15/9/2019, which is affixed on the wall of the petitioners' house directing them to vacate the land and structures in respect of Ac.1-59 cents in Sy.No.54 of the 1st petitioner and further an extent of Ac.1-44 cents in Sy.No.55 of Patrapalli village, Yadamari Mandal, Chittoor District, issued by the 4th respondent-Tahsildar.

(2.) The petitioners claim to be the descendants of one Rama Goud, who supposedly purchased this property under sale deed dtd. 31/5/1936. The 1st petitioner claims to be the owner of Ac.1-59 cents situated in Sy.No.54 and the 2nd petitioner is the owner of Ac.1-44 cents in Sy.No.55 situated in Patrapalli Village, Yadamari Mandal, Chittoor District.

(3.) Sri S. Lakshminarayana Reddy, learned counsel for the petitioners argues that the 1st petitioner was issued a rythwari patta on 13/7/2000 for Ac.1-59 cents and the 2nd petitioner was issued a rythwari patta for Ac.1-44 cents in Sy.No.55 on 13/7/2000. The names of the petitioners were also mutated in the revenue records. Pattadar Passbooks and Record of Right books were also issued. Learned counsel draws the attention of this Court to the copies of the passbooks and 1-B Record / Namuna that is issued to buttress his arguments that the petitioners are in settled possession and enjoyment of the property. He also submits that initially a suit in O.S. No.903 of 2005 was filed in the I Additional Junior Civil Judge Court, Chittoor, for bare injunction and later after seeking permission from the Court the suit for declaration of title bearing O.S.No.303 of 2005 was filed by the petitioners and consequential relief of injunction was also sought. "A" schedule in the suit is the property involved in the Writ. Learned counsel for the petitioners points out that the 1st respondent is the District Collector, Chittoor and the 2nd respondent is the Mandal Revenue Officer in O.S.No.303 of 2005. He also points out that in the written statement filed the defendants have raised various pleas including the classification of the land. He contends that even in the civil suit it is contended that the property is Cheruvu.