IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 5465 of 2005 Between: Sri Sarveswara Maharshi Ashramam Seva Samithi, Cuddapah , rep. by its Chairman Smt. M. Geetavani. ..... PETITIONER AND Mandal Revenue Officer, Cuddapah Mandal, Cuddapah District. .....RESPONDENT 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 direction more in the nature of Writ of Mandamus directing the respondent not to evict the petitioner from the land 5-6 Hecters in S.Nos. 1031 and 1032 of Cuddapah, pending consideration of the claim of the Petitioner for grant of patta in respect of the said land before the District Collector and to pass such other or further orders as this Hon'ble Court may deem fit. Counsel for the Petitioner: MR.C.RAMACHANDRA RAJU Counsel for the Respondent : GP FOR REVENUE The Court made the following : ORDER : This Writ Petition is filed by the petitioner-Ashramam, represented by its Chairman, seeking to issue a writ of mandamus, directing the respondent not to evict it from the land to an extent of Ac.5-60 guntas in S.Nos 1031 and 1032 of Cuddapah town. 2. The grievance of the petitioner is that it is in possession of an extent of Ac.5-60 guntas of land in S.Nos.1031 and 1032 of Cuddapah at 7th K.M on Cuddapah-Madras road and the petitioner has made several representations to the District Collector for grant of patta in respect of the said land, in their favour, to build temples and old age homes. It is their grievance that though the District Collector has addressed letters on 16-09-2004 and 10-01-2005 to the respondent, directing him to inspect the land and submit a detailed report together with alienation proposals, the respondent has neither inspected the land in question nor sent any report to the district collector, but instead of it, the respondent is taking steps for eviction of the petitioner from the said land without issuing any prior notice or giving any opportunity to them. 3. The respondent Mandal Revenue Officer has filed a counter affidavit denying the allegations made by the petitioner and stated that the petitioner is in possession of only an extent of Ac.1-38 guntas of land, wherein they constructed Raja Rajeswari Temple unauthorisedly, but they are not maintaining the said temple and the same is in a dilapidated condition. It is also stated that in response to the communication sent by the District Collector, the respondent has inspected the land on 09.09.2007 and submitted his report on 09.09.2007 itself. 4. In view of the averments made in the counter affidavit, it is not possible for this Court to record any finding on the question whether the petitioner is in possession of 5.60 hectares in S.Nos.1031 and 1032 or not. As it is submitted by the learned counsel for petitioner that the representation made by the petitioner with regard to grant of patta in its favour in respect of the land in question is not yet disposed of by the District Collector, this writ petition can be disposed of, directing the District Collector to dispose of the said representation, if not already disposed of, pursuant to the report dated 09.09.2007, submitted by the respondent Mandal Revenue Officer. However, this order shall not come in the way of the respondent for eviction of the petitioner in accordance with law. 5. Accordingly, the Writ Petition is disposed of, directing the District Collector, Cuddapah, to dispose of the representation submitted by the petitioner, if not already disposed of, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. It is also made clear that if the petitioner is in unauthorized possession of any part of the land, it is open for the respondent to take steps for eviction, in accordance with law. No order as to costs. ____________________ R.SUBHASH REDDY, J APRIL 8, 2009 KSH