THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14354 of 2008 Dated:- 24th November, 2010 Between:- Maddala Venkateshwarlu …Petitioner AND The Govt. of A.P. rep by the Principal Secretary to Government, Revenue Department and others …Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.14354 of 2008 ORDER:- This writ petition is filed to declare the action of the 4th respondent – Tahsildar, Nuzendla Mandal, Guntur District, for taking possession of the land admeasuring an extent of Acs.15.07 cents in Survey No.49 of V.Appapuram Village, Nuzendla Mandal, Guntur District, from the petitioner as illegal and consequently to direct the respondents not to interfere with his possession of the said land without following the process of law. 2. The petitioner states that he purchased an extent of Acs.15.07 cents of land under registered sale deeds dated 17.11.2006 and 25.01.2007 vide document Nos.6886/06, 472/07, 6885/06, 6891/06, 6887/06, 6893/06 and 6892/06. The petitioner states that before he purchased the land, he made necessary enquiries to verify the title of his vendors and the nature of the land. He is said to have made inquiries in the office of the Mandal Revenue Officer, Nuzendla Mandal, and the said Mandal Revenue Officer issued a certificate dated 03.08.2006, certifying that the said land was neither an assigned land nor Tank Pormboke. Based on the said certification, the petitioner purchased the land under documents referred to above. The petitioner states that he is the rightful owner of the land and the respondents, the fourth respondent in particular, is not entitled to disturb his possession nor otherwise interfere with the enjoyment. He states that in the third week of February, 2008, some officers of the Revenue Department visited the land and sought to disturb his possession. Since the fourth respondent was insistent to disturb the petitioner’s possession, he has filed this writ petition for the aforesaid relief. 3. The fourth respondent has filed counter stating that the subject land, which is situated in Survey No.49 of V.Appapuram Village, Nuzendla Mandal, Guntur District, is Tank Poramboke as per the revenue records and, therefore, the sale of the land is not valid. It is also stated that the certificate dated 03.08.2006, which is relied upon by the petitioner is doubtful, as the file pertaining to issue of such certificate is not available in the office records. 4. The petitioner has field a reply affidavit asserting that an extent of Acs.35.82 cents of land is spread over in Survey No.49 and as per the Adangal issued by the Mandal Revenue Officer, the said land is cultivable land. It is further stated that the village is known as ‘Vetraini Appapuram Agraharam’, which is an Inam village. The petitioner therefore asserts that the land is neither Tank Poramboke nor otherwise belongs to the Government. 5. Heard the learned counsel for both the parties. 6. I am not inclined to express any opinion either with regard to the claim of the petitioner nor with regard to the nature of land. Indisputably, the petitioner has come into possession of the land by virtue of registered sale deeds and he has been in settled possession ever since the purchase. That being so, the petitioner is not liable to be dispossessed nor the respondents are entitled to interfere with the possession, except by following due process of law. It is however open for the fourth respondent to conduct any enquiry, as may be necessary, and to decide the claim of the petitioner by putting him on due notice and pass appropriate orders in accordance with law. 7. Subject to the above, the writ petition is allowed. There shall be no order as to costs. ______________________ JUSTICE NOUSHAD ALI 24th November, 2010 Bvv