C CHEMANCHAIAH Vs. DISTRICT COLLECTOR CHITTOOR CHITTOOR DISTRICT THE MANDAL REVENUE OFFICER BUCHINAIDU KANDRIGA MANDAL CHITTOOR DISTRICT

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India to issue an order or direction, more particularly in the nature of writ of Mandamus declaring the action of the respondents in authorisedly interfering with the petitioners peaceful possession and joyment of the lands in Survey No.268/8-Extent Ac.1-69 Cents, Survey No.268/7- Extent Ac. 1.65 Cents Survey No. 268/7- Extent Ac. 1.65 cents, in Putheri village Accounts, Buchinaidu Kandriga Mandal, Chittoor district, without notice and without initiating any proceedings in accordance with law as totally arbitrary, illegal and unconstitutional and contrary to the Board Standing Orders and the Assignment Rules and also in violation of principles of natural justice and consequently direct respondents not to interfere with the peaceful possession and enjoyment of the aforesaid lands except in accordance with law.

(2.) The writ affidavit filed by the petitioners shows that they are five in number and have been occupying certain Government land since a couple of years that on 20-9-95 the petitioners were granted D-Form pattas in respect of the lands to the extent specified in para-3 of the affidavit and since then the petitioners have been in possession and enjoyment of the lands and they are eking out their livelihood from the said lands.

(3.) It is further alleged by the petitioners herein that on 23-11-1995 the Mandal Revenue Officer, respondent No.2 appeared at the scene and without giving any notice made an oral declaration threatening the petitioners that he has already taken the proceedings to evict them from their respective lands and also instructed them orally to stop the cultivation forthwith. Under such circumstances, the petitioners went to the office of the Mandal Revenue Office and made enquiries as to whether any such proceedings to evict the petitioners have been initiated against them. But they could not know as to whether such proceedings were, in fact, taken place. Under these circumstances, the petitioners are constrained to file the present writ petition seeking appropriate directions.