BALE NAGEWSWARA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed seeking the following relief: "to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly respondent No.4 in trying to encroach the land admeasuring Ac.0.19 cents situated in R.S. No.1062 and 1065 of Agadallanka Village, Bhimadole Mandal, Eluru District, which is using by the petitioners for ingress and aggress to their Fish Tanks and Agricultural Fields without following due process of law as bad, illegal, arbitrary, unjust, improper, contrary to law, amounts to colourable exercise of power, amounts to non- application of mind, contrary to Judgment of this Hon'ble Court dtd. 9/7/2020 in WP.No.11166 of 2020 and in violation of principles of natural justice guaranteed under Article 14, 16 and 300-A of the Constitution of India and consequently direct the respondents, not to interfere with the peaceful possession, enjoyment and easement rights of the petitioners over the land admeasuring Ac.0.19 cents situated in R.S.No.1062 and 1065 of Agadallanka Village, Bhimadole Mandal, Eluru District".

(2.) Petitioners asserted in the affidavit that they are aqua farmers of "KASULOTHA CHEPALA CHERUVU" of Agadallanka Village of Bhimadolu Mandal. The Government acquired the land to an extent of Ac.7.83 cents in R.S.Nos.1062 and 1065 in the year 2012 under the Land Acquisition Act, 1894 from Sri Ghantasala Krishna Rao and others and an award was passed to that effect.

(3.) According to the petitioners, an extent of Ac.0.19 cents is being used by the petitioners to reach the fish tank in Sy.Nos.1062 and 1065. The grievance of the petitioners is that without issuing any notice, the 4th respondent trying to encroach upon Ac.0.19 cents with an intention to distribute house site pattas to the landless poor under "Navaratnalu- Pedalandariki Illu" Scheme. Hence, the present Writ Petition.