IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11462 OF 2002 Between: Viamusani Damodar. … Petitioner AND Grampanchayat, Parkal, Warangal District and and three others. … Respondents This Court made the following: O R D E R : The grievance of the petitioners was with regard to the action of the Mandal Revenue Officer, Parkal, Warangal District-second respondent, in interfering with their possession and enjoyment over their house sites bearing House Nos. 6-470 and 6-468, situated in Survey No.729 of Parkal Village, Warangal District. They challenged the notice dated 06-06-2002 issued by the second respondent informing them that as they had failed to pay the determined market value of the land, further action would be taken against them. 2. It is their case that they are the owners of the subject land and rely upon the Judgment and Decree dated 28-12-1981 passed in O.S.No.79 of 1978 on the file of the District Munsif, Parkal. This litigation was between the Grampanchayat, Parkal and the father of their vendor in respect of the subject land, wherein the father of their vendor was declared as the owner and possessor of the subject land and the Grampanchayat, Parkal, was restrained from interfering with his possession thereof. 3. Upon instructions, the learned Assistant Government Pleader for Revenue stated that upon the representation made by the petitioners with regard to the subject land, the District Collector, Warangal, called for a report from the Mandal Revenue Officer, Parkal, under his letter dated 27-12-2001. After exchange of correspondence, the Mandal Revenue Officer, Parkal, by his letter dated 01-01-2004, informed the District Collector, Warangal, that the land occupied by the petitioners was a private land and did not require payment of market value for regularization such as was applicable in the case of encroachment over government land. He therefore requested the District Collector, Warangal to exempt the petitioners’ case. 4. In the light of the afore stated developments, it is clear that the petitioners are the owners and possessors of the subject land and the respondent-authorities have no legal and tenable basis for their claim that the petitioners should pay market value in respect thereof for the purpose of regularizing their possession and title. 5. The Writ Petition is accordingly allowed directing the respondent-authorities not to interfere with the lawful possession and enjoyment of the petitioners over the house properties bearing House Nos.6-470 and 6-468, situated in Survey No.729 of Parkal Village, Warangal District, on the ground that the same is government land. In the circumstances, there shall be no order as to costs. _____________________ SANJAY KUMAR, J Date: 11-03-2011. KVS/BSB