THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 14805 OF 1999 Dated: 29.12.2011 Between: P.Srirama Murthy and another ..... PETITIONERS AND 1. The Revenue Divisional Officer, Narsapur and 4 others .....RESPONDENTS THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 14805 OF 1999 O R D E R : This writ petition is filed seeking a Mandamus directing the respondents not to evict the petitioners from their lands admeasuring an extent of Ac.3.76 cents and Ac.1.88 cents respectively in R.S.No.399/1 of Anakoderu Village, Bhimavaram Mandal, West Godavari District. The petitioners also seek a declaration that the notice dated 21.6.1999 issued by the 2nd respondent, is arbitrary and illegal. It is pleaded that the land in question originally belonged to one Jupudi Kesava Rao who donated the same to Bhoodan Yagna Board in the year 1955 and in turn Bhoodan Yagna Board allotted the said land to three persons namely Pandey Ganesh Prasad, Yasoda Narasimha Murthy and Dasari Pullamma in the year 1957. The said allottees alienated the land in question to Challaboina Nageswara Rao, Gangula Somanna and Tirtala Krishna Murthy under registered sale deeds, who in turn sold the same to the petitioners under Agreement of Sale. It is claimed that the petitioners have been in possession and enjoyment of the land in question from the date of their purchase and they were also issued pattadar pass books. Their possession has also been recorded in the report dated 27.06.1990, submitted by the Mandal Revenue Officer, Bhimavaram, after due enquiry. In spite of the same, a show- cause notice dated 9.11.1998 was issued by the 1st respondent – Revenue Divisional Officer stating that the land in question was allotted to third parties by Bhoodan Yagna Board and calling upon the petitioners to show-cause as to why they should not be evicted. The petitioners gave a reply dated 23.11.1998 reiterating that they have been in possession and enjoyment since 1957 and the Bhoodan Yagna Board has no right or title over the same. In the meanwhile the respondents 3 to 5 herein filed W.P.No.2174 of 1999 claiming that the land in question was allotted to them by the Bhoodan Yagna Board by proceedings dated 16.10.1989 under Section 15 of A.P. Bhoodan and Gramdan Act, 1965 and the Rules made thereunder and seeking a direction to the Mandal Revenue Officer to grant pattas in their favour. The said writ petition was disposed of by order dated 28.04.1999 with a direction to the Mandal Revenue Officer to issue pattas to the petitioners therein under Rule 11 of A.P. Bhoodan and Gramdan Rules, 1965. Pursuant to the same, the respondent No.2 issued a notice dated 21.06.1999 informing the petitioners the order passed by this Court in W.P.No.2174 of 1999. Aggrieved by the said notice, dated 21.06.1999, the present writ petition is filed contending inter alia that having dropped the eviction proceedings initiated by the 1st respondent pursuant to the show-cause notice dated 9.11.1998, the respondents cannot take any steps for grant of pattas to the respondents 3 to 5. It is also contended that as the petitioners have dug fish tanks in the land in question and have been continuing in possession and enjoyment of the same as rightful owners, they cannot be dispossessed on the basis of the allotment made by Bhoodan Yagna Board in favour of the respondents 3 to 5. On the other hand, it is claimed by the respondents 3 to 5 that in pursuance of the orders of this Court in W.P.No.2174 of 1999 they were granted pattas and they were also put in possession of the land in question. In the counter-affidavit filed by the Mandal Revenue Officer on behalf of the respondents 1 & 2, it is stated that the impugned notice was rightly issued in pursuance of the directions issued by this Court in W.P.No.2174 of 1999. It is also stated that no eviction proceedings have been initiated as the land in question belongs to Bhoodan Yagna Board and not Government land. I have heard the learned counsel for both the parties. As noticed above, under the impugned notice dated 21.06.1999 the petitioners were only informed about the order passed by this Court in W.P.No.2174 of 1999 directing grant of pattas to the respondents 3 to 5 herein. Therefore, even assuming that the petitioners have absolute title and possession in respect of the land in question, they would have submitted their objections, in which event appropriate orders would have been passed by the respondents 1 & 2 after making the necessary enquiry. Apparently, the matter involves various disputed questions of fact, both with regard to the possession and title which cannot be enquired into and decided by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India. Therefore, I deem it appropriate to dispose of the writ petition granting liberty to the petitioners herein to submit their objections to the impugned notice dated 21.06.1999 within a period of four weeks from today. If any such objections are received within the time mentioned above, the same shall be considered and appropriate orders shall be passed by the respondents 1 & 2 in accordance with law, as expeditiously as possible, preferably within a period of eight (8) weeks thereafter. Needless to mention that before passing such order opportunity of hearing shall be given to the petitioners as well as the respondents 3 to 5 to establish their respective claims. Till such order is passed, status quo obtaining as on today shall be maintained with regard to possession and enjoyment of the property in question. No costs. _____________ G.ROHINI, J Dt. 29.12.2011 Note: Issue CC in three days (B/o) gbs