IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 15317 of 2004 Between: 1 Mattapalli Venkata Ramana Murthy, s/o late Satyam, Samarlakote, East Godavari District. 2 Mattapalli Satya Venkata Sita Mahalakshmi, s/o late Satyam, Samarlakote, E.G.District. 3 Katakam Nooka Ratnam, w/o Venkata Raju, r/o Samarlkote, East Godavari District. 4 Mattapalli Visveswara Rao, s/o Chalamayya, r/o Plot No.37-A, Pandurangapuram, Visakhapatnam-3. ..... PETITIONERS AND 1 The State Government, rep., by Secretary (Revenue Dept.) Secretariat Building, Hyderabad. 2 The District Collector, Visakhapatnam District. 3 The Revenue Divisional Officer, Visakhapatnam. 4 The Special Deputy Tahsildar (Inams), Gajuwaka, Visakhapatnam District. 5 The Mandal Revenue Officer, Gajuwaka, Visakhapatnam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more especially one in the nature of writ of mandamus declaring G.O.Ms.No.7,Revenue (Asn.I) Department, dt.4-1-2003 to the extent it is made applicable to the petitioner's land in FS No.54, 86/Part and Sy.No.87 of Gajuwaka Village and Mandal of Visakhapatnam District as illegal and also to declare the classification of the land given by the Government without notice to the petitioner as wholly void ab initio and not binding on the petitioner and consequently direct the respondents to issue notice to the petitioner and make correct classification of the land in FS No.54, 86/Part of Gajuwaka Village and Mandal, Visakhapatnam District and amend revenue records accordingly pass such other order or orders Counsel for the Petitioner:MR.P.SRI RAGHU RAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.15317 of 2004 ORDER: This writ petition is filed seeking a Mandamus declaring G.O.Ms.No.7 Revenue (Asn.I) Department dated 04.01.2003, to the extent it is made applicable to the petitioners’ lands in FS.No.54, 86/Part, Sy.No.87 and the lands in Sy.Nos.4 & 5/1 and 66/6, to an extent of Ac.8.00 and 10,000 sq.yards respectively, situated at Gajuwaka Village and Mandal of Visakhapatnam District, as illegal, and also to declare the classification of the lands given by the Government without notice to the petitioners as wholly void ab initio and not binding on the petitioners, and consequently direct the respondents to issue notice to the petitioners and make correct classification of the aforesaid lands and amend revenue records accordingly. 2. It is the case of the petitioners that the aforesaid lands were originally Inam lands and that they inherited the same from their ancestors, who purchased said land from original inamdars. After due enquiry by the then Special Deputy Tahsildar (Inams), ryotwari pattas were granted to them under the A.P. Inams (Abolition and Conversion into Ryotwari) Act, 1956, in the year 1979, and subsequently, on an application being made to the Government for grant of permission to alienate the property, the Government has accorded such permission, exempting the subject lands from the purview of A.P. Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972. Thus, they became the owners of the subject lands and have been continuing in possession of the same. While that being so, the Government of Andhra Pradesh issued the impugned G.O.Ms.No.7 dated 04.01.2003, whereunder it is stated that the House Committee constituted for regularization of encroachments in Gajuwaka Municipality, Visakhapatnam District, has made certain recommendations and the Cabinet Sub-Committee constituted in G.O.Ms.755 Revenue (Asn.I) Department dated 14.12.2001 met on 02.05.02 and 07.09.02 to examine the said recommendations of the House Committee and made certain recommendations, duly meeting the representatives from various recognized political parties, peoples representatives including the Chairman, Gajuwaka Municipality, Corporators and others, and the Government, in the light of the said recommendations, laid down certain guidelines for regularization of the old occupations and encroachments in Gajuwaka Municipality. The petitioners are aggrieved by the said G.O. and it is their grievance that though the subject lands are not Government lands and they are not encroachers, they are being treated as encroachers and threatened to be dispossessed from the said lands, and that some of their purchasers, who have not paid the sale consideration, are taking advantage of the said G.O.Ms.No.7 and trying to get the land regularized in their favour by the Government. Therefore, they seek to assail the said G.O.Ms.No.7 insofar as it relates to their lands and seek consequential directions. 3. Heard both sides. Perused the impugned order and other material made available on record. 4. The impugned G.O. does not speak about any particular survey number, extent of land and the individual encroachments, and it only prescribes certain guidelines for regularization of the encroachments in Gajuwaka Municipality. If the petitioners have been continuing in possession of the subject lands, right from their ancestors, and if they are being asked to vacate the subjects lands, treating them as encroachers of the Government lands, it is always open for them to raise a dispute in that regard before the authority concerned and workout their remedies as available under the law. However, in the facts and circumstances of the case, the respondents are directed to verify whether the subject lands have been occupied by any third parties and if there is any such occupation and the same needs to be regularized as per the impugned G.O., the petitioners shall be put on notice before such regularization. Till such verification is made, the respondents shall not regularize the subject lands in favor of any third parties. 5. The writ petition is accordingly disposed of. No costs. _________________ C.V. RAMULU, J 15th June, 2009 pn/ibl THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.15317 of 2004 15th June, 2009