IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 3276 of 2008 Between: 1 Mannem Lakshmee Narayana S/o. Mannem Kotaiah, Hindu, R/o. Vemavaram Village, Gudlavalleru Mandal, Krishna District. 2 Mannem Rajendra Prasad S/o. Mannem Kotaiah, Hindu, R/o. 9-3-673, Regimental Bazar, Street No.2, Secunderabad. ..... PETITIONERS AND 1 The District Collector, Krishna District, at Machilipatnam. 2 The Revenue Divisional Officer, Gudivada, Krishna District. 3 The Tahsildar, Gudlavalleru Mandal, Krishna. .....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 Direction(s) particularly one in the nature of Writ of Mandamus directing the Respondents herein not to dispossess the Petitioner herein from the land admeasuring Acres 0.31 cents forming part of R.S.No.76/1 in Vemavaram Village fo Gudlavalleru Mandal, Krishna District, without following due process of law, nor to assign the said lands to 3rd parties, and pass any such other order or orders. Counsel for the Petitioner: MR.P.R.PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3276 of 2008 ORDER: It is the case of the petitioners that their father purchased the land admeasuring Ac.0-31 cents in R.S.No.76/1 situated at Vemavaram Village, Gudlavalleru Mandal, Krishna District, under registered Sale Deed vide Document No.1408 of 1959, dated 21-08-1959. It is stated that their father died on 29-07-2007. After the death of their father, the petitioners succeeded to the said property. While so, the 3rd respondent is taking steps to assign the said land in favour of third parties without any justification and without acquiring the said land. Learned Government Pleader for Revenue appearing for the respondents submits that the land in question is a village site and the petitioners are not the owners of the said land. I am not inclined to express any opinion with regard to the said rival contentions. Admittedly, the petitioners have not made any representation/protest application before the Authorities concerned about the alleged illegal action of the 3rd respondent. Therefore, in the absence of any representation/protect application, I am of the opinion that no Writ of Mandamus can be issued to the petitioners. Accordingly, the writ petition is dismissed with liberty to make appropriate representation/protect application before the Authorities concerned. There shall be no order as to costs. __________ 19-02-2008 Note: Issue C.C. in two days (B/o) Prv To 1 The District Collector, Krishna District, at Machilipatnam. 2 The Revenue Divisional Officer, Gudivada, Krishna District. 3 The Tahsildar, Gudlavalleru Mandal, Krishna. 4 2CCs to GP for Revenue (OUT) 5. 2CD copies