- (1.)THIS appeal is directed against the order dated 28. 01. 1997 in W. P. No. 21218 of 1995, wherein the said writ petition filed seeking writ of prohibition restraining the first respondent-Director of Settlements from proceeding further with the suo motu enquiry pursuant to the notice dated 08. 04. 1995, was allowed.
(2.)HEARD the learned Government Pleader for the appellants and the learned counsel for the respondents. Perused the records.
(3.)THE respondents herein filed writ petition contending that they have been in possession and enjoyment of the subject lands situated in Somavarappadu and ethamukkala villages, having purchased the same from the original grantees or by inheritance and they acquired occupancy rights in respect of their holding long prior to 01. 07. 1945. According to them, the lands were originally granted by Raja of Venkatagiri in favour of the predecessors of the writ petitioners more than 100 years ago for the purpose of cultivation and pasturage and the said lands were partly cultivated with dry crops and partly used for grazing purpose by the original grantees and their successors and that under Section 10 of the Estates land Act 1908, the land being transferable and heritable, different portions of the land were purchased by the petitioners from the original grantees and by virtue of their long possession and enjoyment, they acquired occupancy rights even prior to 01. 07. 1945.