IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10764 of 2008 Between: 1 Kalsam Pullaiah S/o.Tippaiah R/o.Tekulapalem(V) H.No.Vempalli,Mandanapalli(M) Chittoor Dist 2 Yellutla Ramappa, S/o.Papaiah R/o.Tekulapalem(V) H.No.Vempalli,Mandanapalli(M) Chittoor Dist ..... PETITIONERS AND 1 The Dist Collector Chittoor Dist 2 The Tahasildar Madanapalli,Manadanapalli Revenue (M) Chittoor Dist .....RESPONDENTS Counsel for the Petitioners:MR.R.RADHA KRISHNA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to set aside proceedings, dated 07.05.2008 issued by respondent No.2 whereby the petitioners are called upon to show cause why orders granting homestead in favour of the applicants for house site pattas shall not be granted under the Andhra Pradesh Homestead Act, 1978. Heard Sri R.Radha Krishna Reddy, learned counsel for the petitioners and perused the record. On an earlier occasion, complaining of attempt of the respondents to dispossess the petitioners from the land in question, they filed W.P.No.10948 of 1998 and the said writ petition was disposed of by this Court on 15.03.2007 by directing the respondents not to dispossess the petitioners without following due process of law. Purporting to act on the said order, the impugned show cause notice has been issued. Having carefully considered the submissions of the learned counsel for the petitioners, I am not inclined to interfere with the show cause notice issued by respondent No.2 at this stage. If the petitioners are able to satisfy that it is a patta land and hence, the question of granting house site pattas under the Act does not arise, respondent No.2 is bound to withdraw the show cause notice. The question whether the land in respect of which the impugned show cause notice is issued is a private land or the Government land depends upon the explanation to be submitted by the petitioners and the material filed by them along with the explanation in support of their contention that the land in question is a private land. Hence, the writ petition is disposed of by permitting the petitioners to file explanation to the said show cause notice within a period of three (3) weeks from today. If the petitioners are able to show by producing appropriate material that the land in question is a private land, respondent No.2 shall consider the same and drop further proceedings. Till passing of orders by respondent No.2, the petitioners shall not be dispossessed. As a sequel to disposal of main petition, WPMP.No.14050 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 14th MAY, 2008 kvni