JUDGEMENT
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(1.)Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare.
(2.)This is a writ petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of the respondents in making attempts to dispossess the petitioner from the agricultural land admeasuring Ac.1.22 gts in Survey No.135/4 AA and Ac.0.34 gts in Survey No.135/5 in total admeasuring Ac.2.16 gts situated at Chunchupally Village, Kothagudem Mandal, Khammam District (hereinafter referred to as subject land) on the basis of the orders issued by the 1st respondent in LTR case Nos.117/2007/KGM and 118/2007/KGM, both dtd. 21/9/2007, as arbitrary, illegal and in violation of principles of natural justice.
(3.)The case of the petitioner is as follows:
The petitioner is the owner and possessor of the subject land having purchased the same from one Bhukya Bojya under a simple Sale Deed, dtd. 1/8/2005, for a total consideration of Rs.1,00,000.00and ever since he has been in possession and enjoyment of the subject land. The petitioner got the land mutated in his favour and the pahani for the year 2006, 2007 shows that he is pattedar and possessor of the land. The petitioner and his vendor Bhukya Bojya belong to lambada community, which is notified Scheduled Tribe.
While so, on 21/10/2008, the subordinates of the 2nd respondent came to the subject land and informed the petitioner that the 1st respondent had passed the impugned order of eviction and asked him to vacate the land within two weeks from that date or else he would be forcibly evicted from the land. The said impugned order was passed against one Mohammed Khasim, who is in no way concerned with the land and further the petitioner is not party to the eviction proceedings initiated by the 1st respondent and the impugned order was passed for ejectment of the respondent thereunder (Mohammed Khasim) or whomsoever in possession of the land. In fact, by the date of the impugned order, the petitioner was in possession of the land and no notice was given to the petitioner and thereby, the principles of natural justice are violated.
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