THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO :2958 of 2011 ORDER: The petitioners claim to be the owners and possessors of specified extents of land in R.S.Nos.520/1F, 520/1D, 520/1E and 520/1 F & S of Peruru Village, Amalapuram Mandal, East Godavari District. They obtained a permanent injunction against the Sarpanch of Chindadagaruvu village, Chindadagaruvu, Amalapuram Mandal in O.S.No.447 of 2002 on the file of the Principal Junior Civil Judge, Amalapuram. The decree was passed on 5.6.2006 and pertains to the very same extents of land which are the subject matter of the present writ petition. While so, it is their grievance that the revenue authorities, the respondents herein, started interfering with their possession and enjoyment over the subject extents of land, without following the due procedure laid down by law. The Tahsildar, Amalapuram, the 4th respondent herein, addressed letter dated 16.2.2011 to the learned Government Pleader for Revenue stating that the village Chindadagaruvu was bifurcated from the revenue village Peruru in the year 1970. According to him, the subject extents of land are classified in the revenue accounts as G.P. Kunta. It is his case that these lands were not cultivated by the petitioners and were classified in the A register as Government Poramboke (Kunta). It is stated that the Government sanctioned funds for construction of a Protective Water Tank in the said lands under the Rural Water Supply Scheme for supplying drinking water to more than ten villages in Amalapuram Mandal. It is in this context that survey was undertaken in the subject lands for fixing the boundaries of the tank. He therefore denied the petitioners’ claim that they have any rights over the subject extents of land. Though the revenue authorities, the respondents herein, were not parties to the suit, O.S.No.447 of 2002, and the decree passed therein is not binding on them, the presumption that arises from the said decree of permanent injunction is that the trial Court would have verified the petitioners’ possession over the subject extents of land before granting a permanent injunction in their favour. That being so, if the revenue authorities are desirous of utilizing the subject lands for a public purpose, they would necessarily have to follow the due procedure laid down by law for dispossessing the petitioners from the subject lands. The rival claims between the parties as to the title and ownership over the subject lands would have to be resolved by them before the appropriate forum in a duly constituted proceeding. The writ petition is accordingly disposed of directing the respondents herein not to interfere with the possession of the petitioners over the subject lands in R.S.Nos.520/1F, 520/1D, 520/1E and 520/1 F & S of Peruru Village, Amalapuram Mandal, East Godavari District, except in accordance with the due procedure laid down by law. In the circumstances, there shall be no order as to costs. ___________________ Justice Sanjay Kumar Dated:28.2.2011 Nn. THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 2958 of 2011 28.2.2011