Turaka Lakshmamma Vs The State of Andhra Pradesh

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomaybe pleased to issue a Writ, order or Orders more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents in interfering with peaceful possession and enjoyment of petitioners lands with an extent of Ac 2.50 cents in Sy.no 252-A2A1 of Sangam Village and Mandal, SPSR Nellore District as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioners from their land with an extent of Ac 2.50 cents in Sy.no 252A2A1 of Sangam Village and Mandal, SPSR Nellore District and pass such

¶19

2

¶20

IA NO: 1 OF 2021

¶21

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents not to dispossess the petitioners from their agricultural lands with an extent of Ac 2.50 cents in Sy.no 252-A2A1 of Sangam Village and Mandal, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition and pass such

¶22

IA NO: 2 OF 2021

¶23

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to vacate the interim order granted on 08-10-2021 in WP. 23043/2021

¶24

Counsel for the Petitioner(S):

¶25

1.SIVAPRASAD REDDY VENATI

¶26

Counsel for the Respondent(S):

¶27

1.GP FOR REVENUE

¶28

3

¶29

The Court made the following ORDER:

¶30

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents.

¶31

This Writ Petition was filed questioning the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners’ lands with an extent of Ac.2.50 cents in Sy.No.252-A2A1 of Sangam Village and Mandal, SPSR Nellore District.

¶32

On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the counter-affidavit of the 3^rd respondent submits that in Sangam Mandal, a huge hill poramboke land exists, in Sy.No.252-A to an extent of Ac.102.45 cents. The entire extent is covered by hill. The petitioners have created a fake ‘D’ Form patta and claims that they were assigned an extent of Ac.2.50 cents in Sy.No.252-A2A1. There is no provision to assign the poramboke land, which is classified as hill. The ‘D’ Form patta said to have been assigned to the petitioners is a fake one. The land is a Government land, and it is not assigned either to the 1^st petitioner i.e., Turaka Lakshamma or to her husband. The signature of the person who signed the ‘D’ Form patta is not tallied with the ‘D’ Register maintained in the year 2007. As per the record, the land does not belong to the petitioner’s husband, as there is no land available under the occupation or encroachment of the petitioners either in the petitioners’ name or in the name of the husband of the 1^st petitioner. Not found in the office ‘D’ Register. If the land was assigned, the 1^st petitioner’s husband’s name has to be found

¶33

4

¶34

in the records. If the petitioner was assigned ‘D’ Form patta in the year 2007, he might have brought it to the notice of the 3^rd respondent for mutation of his name in the revenue records. A fake document is produced before this Court by the petitioners. It is not a valid document as the hill poramboke land was not assigned to the petitioners as per the records. Either the name of the 1^st petitioner or her husband, was not recorded in the manual records of Adangal and 1B registers of Sangam Village. The land records were computerized in the year 2012 by LRMS process. If the petitioners were assigned with the same, it should be entered in the earlier manual records, after that in web land i.e., computerized land records.

¶35

The allegation of the petitioners that the respondents are interfering with the peaceful possession and enjoyment of the agricultural lands in an extent of Ac.2.50 cents in Sy.No.252-A2-A1 of Sangam Village is false. The classification of the land is hill Poramboke Government land. With an ulterior motive and malafide intention to grab the said Government land, the petitioners have filed the present Writ Petition.

¶36

In view of the above said facts and circumstances as the petitioners could not establish even a prima-facie case either with respect to the documents sought to be relied upon and the possession thereon of the subject land and in view of the specific case of the respondents that the D- Form Patta relied upon by the petitioners is a fake one, no relief can be granted to the petitioners.

¶37

5

¶38

It is the duty of the respondent Nos.2 and 3 to protect the subject hill Poramboke Government land from all sorts of encroachments by taking necessary stringent action in accordance with law for the purpose of protecting the said Poramboke land and to use it for the public purposes, if so warranted as per law.

¶39