THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.2407 OF 2002 Dated 22nd July, 2010 Between: Kala Heeramani Bai …Petitioner And The District Collector and two others …Respondents Counsel for the petitioner : Sri P.Ravi Shanker Counsel for the respondents: None appeared The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in interfering with the petitioner’s peaceful possession and enjoyment over land admeasuring Ac.2.06 guntas in Survey No.80/1 of Nelakondapalli Village and Mandal, Khammam District as illegal and arbitrary. The petitioner sought for a direction to the respondents not to dispossess her without following due process of law. During the pendency of the writ petition, the petitioner died and her daughter, by name Kala Ammulu Jain, W/o B.Narsima Rao, filed an application for coming on record in her place. This application has been ordered and accordingly she has come on record. For convenience, the original petitioner is referred to as the petitioner. I have heard Sri P.Ravi Shanker, learned counsel for the petitioner, and perused the record. At the hearing, there is no representation for the respondents. The petitioner claims to be successor in interest of one Kasturi Chand Kanyalal. According to her, the said Kanyalal, who is stated to be the petitioner’s father-in-law’s father, has purchased the abovementioned land in an auction held by the Government along with other extents of lands totalling Ac.18.24 guntas comprised in various survey numbers. She averred that when the Revenue officials tried to interfere with her possession, she requested for holding an enquiry and that the Tahsildar, Khammam, after holding a thorough enquiry and examining the records, has confirmed the right of the petitioner over the land in question vide his proceedings dated 06.08.1973. That, in the year 1999, when once again an attempt was made by the Revenue officials to interfere with her possession, the petitioner has got a notice issued through her counsel on 15.09.1999 and after receipt of the notice, the Revenue Department has not taken any action. The petitioner further averred that while she was pursuing the matter with respondents 2 and 3, the Revenue officials again started interfering with her possession and enjoyment of Ac.3.10 guntas in Survey No.80/1 claiming that the said land is Government bancharai and that they are seeking to issue pattas to third parties. Feeling aggrieved by these frequent interferences by the Revenue officials, the petitioner filed the present writ petition. No counter-affidavit has been filed on behalf of the respondents. Along with the writ petition, the petitioner filed a copy of letter bearing No.A2-2159/73 dated 16.08.1973 addressed by the Tahsildar, Khammam to the District Collector, Khammam. In the said letter, the Tahsildar has mentioned that originally Survey No.80 of Nelakondapalli comprised Ac.28.36 guntas; that after construction of Palair project, the Government bancharai was separated from other lands and ownership rights were put to auction and that Sri Kasturi Chand Kanyalal has purchased various extents totalling Ac.18.24 guntas. It is further stated that thereafter, the settlement department has sub-divided the sub-division record and in that process, the area for which pattas were granted was reduced to Ac.16.18 guntas and the balance Ac.2.06 guntas was included in Survey No.80/1 as part of Ac.3.10 guntas. The Tahsildar further stated in his letter that Sri Kasturi Chand Kanyalal has submitted a petition to the Tahsildar on 29.12.1353 Fasli and that the Revenue Inspector has submitted a detailed report to the Tahsildar, Khammam, which was referred to the Collector (Land Records) Warangal for rectification of records and that no final decision was taken thereon. In the light of the said facts, the Tahsildar requested that a patta may be confirmed over an extent of Ac.2.06 guntas after separating the same from the area of Ac.3.10 guntas in Survey No.80/1. As the respondents have failed to file a counter-affidavit and contest the claim of the petitioner, this Court has no option except to rely upon the abovementioned letter of the Tahsildar addressed to the District Collector and hold that the petitioner being the undisputed successor in interest of the auction purchaser, she is entitled to the patta over an extent of Ac.2.06 guntas. If respondent No.1 has not taken any decision so far with respect to the said land, he is directed to issue appropriate proceedings on the representation of the petitioner said to have been pending with him. Till such a decision is taken, the respondents shall not interfere with the petitioner’s possession and enjoyment of Ac.2.06 guntas in Survey No.80/1 of Nelakondapalli Village and Mandal, Khammam District. The writ petition is accordingly disposed of. C.V.NAGARJUNA REDDY, J Dated 22nd July, 2010 vrn