IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26159 of 2008 Between: 1 Shaik Subhani S/o Shaik Dawood Eedipugallu(V) Kankipadu(M) Krishna District 2 V.Venkatakrishna Rao S/o.Venkateswara Rao Eedipugallu(V) Kankipadu(M) Krishna District 3 P.Venkata Krishna Rao S/o P.Venkataratnam Eedipugallu(V) Kankipadu(M) Krishna District ..... PETITIONERS AND 1 The Collector Krishna Chilakalapudi Machilipatnam Krishna District 2 The Sub Collector Vijayawada Krishna District 3 The Tahsildar Kankipudu Krishna District 4 Devineni Venkata Ratnam S/o.Venkata Ramaiah Eedipugallu(V) Kankipadu(M) 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 or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents 1to 3 in conducting enquiry with regard to encroachment of land also allotment of an extent of 7 cents in favour of 4th respondent in Rs No.396 of Edipugallu(V) Kankipadu(M) Krishna District which is classfied as Rudrabhumi in terms of representations dt 28-5-2008 9-6-2008 and 12-11-2008 submitted by petitioners as arbitrary and illegal and consequently direct the respondents 1to 3 to evict the encroachers from the land in R.S No.396 of Eedipugallu(V) and pass Counsel for the Petitioners:M/S C.KODANDA RAM Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26159 of 2008 ORDER: The three petitioners are residents of Eedipugallu Village in Kankipadu Mandal in Krishna District. They are aggrieved by the alleged action of the third respondent in allotting an extent of Ac.0.07 cents in R.S.No.396 of the said Village in favour of the fourth respondent. They contend that the said land is classified as burial ground, and therefore, it is prohibited from being assigned. After getting instructions, learned Assistant Government Pleader submits that there is no proposal to allot the land to the fourth respondent, and that respondents have taken up strengthening the existing road in R.S.No.396. In view of the submission made by the learned Assistant Government Pleader for Revenue (Andhra Area), the writ petition is held to have been filed on a misconception. Recording the submission made by the learned Assistant Government Pleader, the Writ Petition is dismissed. No costs. ____________ (V.V.S.RAO, J) 03.12.2008 vs To 1 The Collector Krishna Chilakalapudi Machilipatnam Krishna District 2 The Sub Collector Vijayawada Krishna District 3 The Tahsildar Kankipudu Krishna District 4 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{BMR}