IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 27380 of 2008 Between: 1 Remidicherla Grama Rythu Samudayaka Ramana Sangham, Remidicherla Village, Yerrupalem Mandal, Khammam District. Rep by its President Mr. Madhala Venkatanarsaiah, S/o. Gangaiah. 2 Madhala Venkatanarsaiah, S/o. Gangaiah, Remidicherla Grama Rythu Samudayaka Ramana Sangham, Remidicherla Village, Yerrupalem Mandal, Khammam District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Revenue Department, Secretariat, Hyderabad, Rep by its Principal Secretary 2 The Joint Collector, Khammam, Khammam District. 3 The Tahsildar, Yerrupalem Mandal, Khammam District. .....RESPONDENT(S) 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, declaring the action of the respondents in seeking to assign/allot the land belonging to the 1st petitioner society situated in Sy.Nos. 313, 314, 372, 376 and 392 admeasuring Ac. 328.24 cents, of Remidicherla Village, Yerrupalem Mandal, Khammam District in favour of landless poor persons, even though appeal No. E2-1/2008 and the stay petition filed by the 1st petitioner society before the 2nd respondent questioning the order issued by the 3rd respondent in Rc.No. B8/1006/99 dated 28-9-2007 under Section 6 of A.P. Land Encroachment Act, 1905 are pending, as arbitrary, illegal, unjust, violative of the principles of natural justice and violative of the Fundamental and constitution of India and issue a consequential direction to the respondents not to interfere with the possession of the 1st petitioner society as well as its members, over the above said land, pending disposal of the aforesaid appeal before the 2nd respondent. Counsel for the Petitioners: MR.S.SRINIVAS REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27380 of 2008 ORDER: The second petitioner is President of first petitioner Society, namely, Remidicherla Grama Rythu Samudayaka Ramana Sangham, Remidicherla (Sangham, for brevity). It is their case that the land admeasuring Acs.328.24 in survey Nos.313, 314, 376 and 392 situated at Remidicherla Village, Yerrupalem Mandal, Khammam District was originally patta land belonging to M/s.Chennamraju, Krishnam Raju, Samineni Venkaiah, Borra Venkaiah, Veeraswami and Yellanki Rajaiah and others. As there was no grazing land in the village, these persons set apart the land for grazing purposes. The villagers formed into a committee/society, the Sangham herein, and the affairs of Sangham are regulated by Managing Committee. It appears in 1964, an extent of Acs.16.41 was acquired by Railways, for which the Sangham claims compensation, which was paid to it. In 1974, there was an attempt to assign said lands to landless poor persons. The petitioner filed writ petition being W.P.No.4307 of 1974, which was allowed on 02.04.1976. Again in 1976, a show cause notice was issued to first petitioner as to why lands shall not be resumed and a reply was given to Tahsildar, Madhira. When there was interference, petitioners again filed W.P.No.4601 of 1993, which was allowed, by order, dated 07.07.1994, observing that respondents should follow due process of law. Some time thereafter, Tahsildar, third respondent herein, initiated action under Andhra Pradesh Land Encroachment Act, 1905 (the Act, for brevity) and passed orders under Section 6 of the Act on 28.09.2007 for removal of encroachment by petitioners. Aggrieved by the same, petitioners preferred revision petition purported under Section 10 of the Act before second respondent and also moved an application for suspension of orders of third respondent. The same is pending adjudication. In the meanwhile, a news item was published in Andhra Bank, dated 12.11.2008, attributing statement to the Joint Collector that the fallow lands of Remidicherla are already made for assignment to landless poor persons. Apprehending that petitioners might be dispossessed, even while their revision petition before Joint Collector is pending, they filed writ petition. Learned Assistant Government Pleader, after getting instructions, submits that during pendency of revision before the Joint Collector, no steps are being taken for dispossessing petitioners. The same is recorded. The writ petition is disposed of directing second respondent to pass appropriate orders on petition filed by petitioners. This Court further observes that under Section 10 of the Act, Revenue Divisional Officer is constituted as appellate authority, and therefore, a revision petition before Joint Collector would not lie. Petitioners are given liberty to file appeal before Revenue Divisional Officer, Khammam. The writ petition is accordingly disposed of. No costs. _______________ (V.V.S.RAO, J) 17.12.2008 pln