IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNES, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 12170 of 2009 Between: Kuchana Ramulu and others. ..... PETITIONERS AND The District Collector, Warangal District and others. .....RESPONDENTS THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.12170 of 2009 Order: The petitioners claim to be the absolute owners and possessors of land admeasuring Acs.1.06 guntas situated in Survey No.442 of Bhupalpalli Village and Mandal, Warangal District having purchased the same in the year 1982 from the original pattadar. While so, it is their grievance that the Singareni Collieries Company Limited is trying to construct sand bunker in the said land, without acquiring the same under the Land Acquisition Act, 1894 and without following due process of law. The petitioners state that they made a representation, dated 06.06.2009, to the first respondent in this regard, in vain. This Court while issuing Rule nisi on 23.06.2009, directed the respondents not to dispossess the petitioners from the land in question, without following due process of law, and directed them to file counter in the matter. A counter affidavit has been filed by the first respondent, the District Collector, Warangal District, stating that the representation made by the petitioners on 06.06.2009 has been considered and disposed of on 13.07.2009. The relevant para reads as under: “It is submitted that it is a fact that the petitioners gave a representation, dated 06.06.2009, to the District Collector grievance cell. The said representation has been forwarded by the first respondent to the Tahsildar, Bhoopalapalli Mandal, for taking further necessary action. The Tahsildar, Bhoopalappali in Memo.Rc.No.B/548/2009, dt.13.07.2009 disposed of the said representation informing the petitioners that the land in Sy.No.442 to an extent of Ac.1.06 gts., originally belongs to Sri Rajasimha Rao, pattedar and he filed a declaration before the Ceiling Authorities and the said land has been declared as surplus by the competent authority and the same has been handed over to Government. As the land in question is a Government land, the Government issued G.O.Ms.No.230, Industries and Commerce Department, dated 31.05.1988 granting lease to the second respondent for a period of 20 years and the land has been handed over to them for public purpose on 25.08.2005. In fact, before handing over the land and before conducting the survey, objections were called for, but no objections were received and possession has been handed over to the second respondent. Thus, the land in question is a Government land and the petitioners have no right over the said land. A copy of the said memo, dated 13.07.2009, was served on the petitioners through the Village Revenue Officer.” At this stage, it is submitted by the learned counsel for the petitioner that the petitioner would like to challenge the memo, dated 13.07.2009. In the circumstances, the writ petition is disposed of permitting the petitioners to challenge the memo, dated 13.07.2009, in appropriate proceedings, if they so choose. No costs. ___________________ N.V. RAMANA, J. Date:26.08.2009 VGB