(1.) The petitioners filed the instant writ petition seeking a writ of Mandamus declaring the action of the first respondent, namely, the Mandal Revenue Officer, Vetapalem Mandal, Prakasam District (MRO), in dispossessing the petitioners from their lands in survey Nos.297/11, 298/1 and 298/2 situated at Ramannapet village of Vetapalem Mandal in Prakasam District. A consequential direction is also sought to respondents not to dispossess the petitioners without due process of law.
(2.) The petition allegations are as follows: The first petitioner was assigned an extent of Acs. 1.80 in survey No.298/2 in 1978. The second petitioner was assigned Acs. 1.13 in survey Nos.298/1, 298/2 and 297/11. They were also given Pattadar Pass Books (PPBs) and they have been in possession and cultivating the same. They planted Mango, Sapota and Amta trees. On 08-2-2007 the MRO came with subordinate staff and started measuring the lands. The petitioners objected for the same. On enquiries, they came to know that the land was allotted to landless poor persons as house sites under Integrated Novel Development In Rural And Model Municipal Areas (INDIRAMMA) scheme. The petitioners allege that the MRO without issuing show cause notice, without conducting enquiry and without cancelling the PPBs, cannot dispossess them and allot the land to landless poor persons.
(3.) The matter was taken up for preliminary hearing. Learned Assistant Government Pleader on instructions submitted that the subject land was already resumed and was assigned as house sites to eligible beneficiaries under INDIRAMMA scheme. He sought time for filing counter. Subsequently on 27-2-2007 the first respondent filed counter affidavit opposing the writ petition. It is stated in the counter affidavit that the land admeasuring Acs. 0.45 in survey No.297/11 of Ramannapet H/o.Vetapalem was assigned to second petitioner in 1358 Fasli. On enquiry by the MRO, it was noticed that the second petitioner sold away the land to Pogadadanga Ravi Kumar, Lecturer in St. Ann's College of Engineering, Challareddypalem Village under agreement of sale-cum-General Power of Attorney (GPA) showing the land as survey No. 297/8, 9 vide registered document No. 1830/06 dated 10-4-2006 for an extent of Acs. 0.68. It was found that the purchaser was actually in possession of land in survey No.297/11 admeasuring Acs. 0.45. The land in survey No.297/8, 9 to the extent of Acs. 1.81 was assigned to others. They also sold away the land to Pogadadanga Ravi Kumar under registered document No. 1645/06 dated 27-3-2006. The purchaser is trying to sell away the land by making into house plots as the land is adjacent to residential locality. During inspection it was found that there were no standing trees or crops in the land and it is vacant. Therefore, a notice in Form No. I was issued to the purchaser on 30-12-2006. He did not submit explanation. By proceedings dated 29-1-2007, the MRO resumed the land and possession was taken on the same day. The land in survey No.297/8, 9 was assigned to Nakka Narayana Reddy and Nakka Narasimha Reddy to the extent of Acs. 0.85 and Acs. 0.96 respectively. These assignees sold the land to Ravi Kumar under registered documents. Action was also initiated against them and the land was resumed. It is also averred that no action was taken in respect of the land in survey Nos. 298/1 and 298/2. But the land admeasuring Acs. 0.45 in survey No. 297/11 was resumed and possession was taken on 29-1-2007. House site pattas were also issued in respect of this land. The writ petition is filed suppressing these facts.