IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5883 of 2009 Between: P.Jangaiah S/o.Late Yellaiah R/o.HNo18-9-25/5,Chandrayanagutta Hyderabad ..... PETITIONER AND 1 The District Collector, Ranga Reddy District having office at Lakdikapool, Hyderabad 2 The Tahsildar,Kandukur Mandal, R.R.District 3 Shashikatnh S/o.Damji Shah, R/o.18-4-42/8, Swastik Mill Engine Bowli,Falaknuma, Hyderabad .....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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus directing the 1st respondent not to cancel the proceedings issued by the 2nd respondent vide proceedings No.ROR.B/.3160/2007 dated 29.11.2007 subsequently confirmed by the Revenue Divisional Officer, East Division, Ranga Reddy in appeal No.A2/5785/2007 dated 3.11.2008 in respect of the land admeasuring Ac.1.124 gts under Sy.No.476 & 478 of Lemoor village, Kandukur Mandal, Ranga Reddy District pending disposal of PS 2031/2006 pending on the file of I Additional Senior Civil Judge, Ranga Reddy District and consequently direct the 2nd respondent to maintain status-quo in respect of the lands admeasuring Ac.1.24 guntas under Sy.No.476 & 478 of Lemoor village, Kandukur Mandal, Ranga Reddy District in all revenue records and to pass Counsel for the Petitioner: MR.MOHD.MOIN AHMED QUADRI Counsel for Respondents: GP FOR REVENUE The Court made the following : ORAL ORDER: The petitioner filed O.S.No.2031 of 2006 for declaration of title in respect of the land in S.No.476 and 478 of Lemoor Village, Kandukur Mandal, Ranga Reddy District against the third respondent herein. The suit was decreed ex parte on 9.02.2007. On the strength of the same, the Tahsildar, Kandukur Mandal, the second respondent herein, issued proceedings dated 29.11.2007 altering entries in the revenue records. The petitioner states that at the instance of the third respondent, the ex pare decree was set aside and on the strength of the same, the second respondent is making attempts to modify the entries in the revenue records. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. The only basis for the proceedings dated 29.11.2007 is the exparte decree passed in O.S.No.2031 of 2006 on the file of the First Additional Senior Civil Judge, Ranga Reddy District. In case the ex pate decree is set aside, the very basis for issuance of proceedings ceases to exist. If the petitioner wants to continue the existing arrangement, he has to file an application before the trial Court. Therefore, the writ petition is disposed of leaving it open to the petitioner to file an application in the above suit for the relief claimed herein. ______________________ (L. Narasimha Reddy, J.) 20th March, 2009 Js.