THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5540 of 2010 10.03.2010 Between: Tummalapalli Appaiah and another ….Petitioners AND The Joint Collector, Khammam District, At Khammam and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5540 OF 2010 ORDER: The petitioners are allegedly owners, possessors and enjoyers of agricultural dry land admeasuring Acs.22.22 guntas out of Acs.48.00 comprised in survey Nos.351, 352, 374, 378, 379, 380, 402 and 407 of Mittapalli Village, Thallada Mandal, in Khammam District (hereafter called, petition schedule land). They claim it to be ancestral property. Respondents 4 to 8 submitted a representation to first respondent alleging that petition schedule land is Gramarasi land and that the petitioner and other rich landlords are claiming the title on the basis of wrong entries in revenue records like Pahanis. Considering the representation made by villagers (respondents 4 to 8), first respondent passed orders on 25.01.2009 staying operation of entries in column No.13 i.e., possession column of the Pahanis of the village for the period 1979-1980 till 31.01.2009. Subsequently on 10.02.2010, first respondent gave a direction to Village Revenue Officer (VRO) to take possession of the property on behalf of Government till disposal of the case. Second respondent was directed to submit a report and the case was posted for hearing on 20.02.2010. Assailing the order, dated 25.01.2009 and notice of hearing dated 10.02.2010, the present writ petition is filed. Counsel for petitioners submits that when the enquiry is pending before first respondent, a direction to VRO to take possession is illegal and arbitrary. This Court is not able to accept the submission. The land admeasuring Acs.48.00 cents in various survey numbers is stated to be grazing land and it is common land meant for the use of village community. The Joint Collector called for a report from the Tahsildar. His report dated 16.12.2008 revealed that the subject land is not under cultivation, that it is kept fallow and that in Pahani for the year 1978-1979 the land was registered as Gramarasi Avula Beedu. When the land itself is kept fallow and is classified in revenue records as grazing land, no exception can be taken for the orders passed by first respondent directing VRO to take possession on behalf of the Government. The writ petition is misconceived and is dismissed observing that first respondent may dispose of the matter as early as possible after giving notice to petitioners and others within a period of eight weeks from the date of receipt of copy of this order. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 10.03.2010 Pln