IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24381 of 2007 Between: 1 K. Jayaramaiah, s/o. Bojjaiah, r/o. at Perumallapalli (V), Pellakuru Mandal, Nellore District. 2 K.Bhaskar, s/o. Jayaramaiah, r/o. at Perumallapalli (V), Pellakuru Mandal, Nellore District. ..... PETITIONER(S) AND 1 The Joint Collector, Nellore, Nellore District. 2 The Revenue Divisional Officer, Gudur. 3 The Mandal Tahsildar, Pellakuru, Pellakuru Mandal, Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ in the nature of a writ of Mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents in not consider the petitioners representation for granting the pattas in the name of the petitioners as they are in extent of Ac. 7-00 cents in Sy.No.1-1 of Pellakuru Village, Pellakuru Mandal, Nellore District, as wholly arbitrary, illegal, and unconstitutional being a violative of Article 14, 19, 21 and 300-A of constitution of India and also contrary to B.S.O., and assignment rules and consequently, direct the respondent No. 3 to grant pattas in the petitioners names as they are in exclusive peaceful possession and enjoyment of the said lands since 1972 without any interruption, in respect of the lands in an extent of Ac. 7-00 cents (Ac. 3-50 each) in Sy.No.1-1 of Pellakuru Village, Pellakuru Mandal, Nellore District, and pass such other order and further orders as this Hon'ble Court may deems fit and proper in the circumstances of the case Counsel for the Petitioner:MR.V.ESWARAIAH CHOWDARY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 24381 of 2007 Order: Questioning the action of the respondents in not considering their representation for grant of pattas in their name in respect of the land admeasuring Ac.7.00 cents (Ac. 3.50 cents each), situated in Survey No.1-1 of Pellakuru village and Mandal, Nellore District, the petitioners filed the present writ petition. The case of the petitioners is that they occupied the land admeasuring Ac.7.00 cents, situated in Survey No.1-1 of Pellakuru village and Mandal, Nellore District, in the year 1970. According to the petitioners, the said land was barn land and they developed the same by removing heavy bushes and boulders and have been in possession and enjoyment of the same by raising crops therein and by paying land revenue to the Government since 1972 without any interruption whatsoever. The further case of the petitioners is that they made a representation dated 24.10.2007 requesting the respondents to grant pattas in their names in respect of the said lands, but the respondents, instead of considering their representation and granting pattas in their name, are trying to dispossess them from the lands in question, without issuing any notices and without following due process of law. Hence, they filed the present writ petition. This Court, on 16.11.2007, passed the following order: “Post on 23.11.2007 to enable the learned Government Pleader for Revenue to get instructions. If the petitioners are in possession of the lands in question as on today, they shall not be dispossessed without following due process of law.” In spite of granting sufficient time, learned Government Pleader for Revenue is unable to get any instructions in the matter. However, when the matter is taken up for admission today, both the learned counsel for the petitioners as well as the learned Government Pleader for Revenue agreed to dispose of the writ petition with a direction to the respondents to consider and dispose of the representation filed by the petitioners. Having regard to the facts and circumstances of the case, and in view of the agreed stand taken by both the counsel, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition with the following directions: The respondents are directed to consider and dispose of the representation of the petitioners, if any pending, and pass appropriate orders thereon in accordance with law. Till the disposal of the representation filed by the petitioners, the respondents shall not dispossess the petitioners from the lands in question, if not already dispossessed. Accordingly, the writ petition is disposed of at the admission stage. No costs. ___________________ N.V. RAMANA, J. Date: 03.03.2007 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}