PULIKANDAM SUBBA REDDY Vs. GORANTAL VEERASWAMY

JUDGEMENT

(1.) : The decision of a learned single Judge in W.P.No. 525/88 dated 10-10-1988 is assailed in this writ appeal. The writ petition was disposed of with some directions. The appellants are the writ petitioners. Respondents herein were also the respondents in the writ petition.

(2.) Respondent No.1 Gorantla Veeraswamy claiming to be the cultivating tenant of the agricultural land of an extent of Ac.4. 15 in Survey No. 116 of Prakasam district, alleged that he was dispossessed by respondent No. 2 along with the present appellants and filed A.T.C.No. 1/81 before the District Munsif-cum Special Officer, Addanki under Section 12(3) of Andhra Pradesh (Andhra Area) Tenancy Act, 1956, hereinafter referred to as the 'Act', to declare that he is the cultivating tenant of the schedule land within the meaning of the said Act, to order the resumption of the schedule land in his favour and to deliver the actual physical possession of the same to him. It was resisted by the present appellants and respondent No. 2 Gudluri Sivasankara Narayana. The learned District Munsif after holding an enquiry dismissed the petition on 31-12-1985. Gorantla Veeraswamy took the matter in appeal to the appellate authority namely the learned District Judge, Ongole in A.T.A. 17/86 which came to be allowed on 9-12-1987 thereby allowing the petition of Gorantal Veeraswamy filed under Section 12(3) of the Act and directing resumption and restoration of possession of the schedule land to him from the respondents therein. The appellants who were thus aggrieved by the order of the learned District Judge challenged it in W.P.No. 525/88 before this court under Article 226 of the Constitution of India which came to be disposed 10-10-1988 by the learned single Judge thereby resulting in this appeal by them.

(3.) The uncontroverted facts and controversies may be subject to a brief record: