IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3307 of 2008 Between: Demera Suresh Babu S/o Damera Venkateswara Rao R/o bomminampadu, Mudinepalli, Mandal, Krishna District. ..... PETITIONER AND 1 The District Collector Krishna District, Machilipatnam. 2 The ROD., Gudiwada Division, Gudiwada, Krishna District. 3 The Tahasildar, Mudinepalli Mandal, Mudinepalli Krishna District. .....RESPONDENTS 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 issue a Writ order or orders more particularly in the nature of the Writ of Mandamus declaring the action of the Respondents obstructing the petitioner to using of irrigation bode and path in R.S. No. 130 in Bomminampadu Village, Mudinepalli Mandal, Krishna District as illegal, arbitrary and contrary to law and further direct the Respondnets to consider the Representation dated 26-12-2007 of the petitioner forthwith and pass such other order or orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr.T.V.V.KOTESWARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. It is the case of the petitioner that he has got an extent of Ac.0.66 cents of land in R.S.No.127/1, 127/2, 129, 129/1, 174/2 in Bomminampadu village and there is a government poramboke land in Sy.No.130 in which a road leads to the lands of the petitioner and many others but the said Government land situated in Sy.No.130 is sought to be allotted towards house sites under the ‘Indiramma Housing Programme’. It is stated that if the entire land is allotted no road will be left to go to the agricultural fields of the petitioner and others. 3. Learned Government Pleader submits that admittedly the land in Sy.No.130 is a Government land and after leaving the road only the remaining land is sought to be assigned towards house sites. It is further submitted that the petitioner is at liberty to make use of the road to go to his fields from the land in Sy.No.130 and there will not be any obstruction from any corner in that regard. It is stated that the rights of the petitioner have not been affected in any manner. However, I am not inclined to express any opinion as the representation, dated 26-12-2007, said to have been filed by the petitioner before the 1st respondent-District Collector, Krishna District is pending consideration. 4. Having regard to the facts and circumstances, 1st respondent is directed to consider and dispose of the said representation of the petitioner in accordance with law. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 29th February, 2008 Note: Furnish C.C. of the order within one week. B/o Tsy To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}