IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No. 20210 of 2008 Between: 1 T. Subba Rao S/o. Late Sri Tandavaraya R/o. H.No. 119, Kharkana Bazar, Secunderabad. 2 T. Shanke5r S/o. Late Sri Tandavaraya R/o. H.No. 119, Kharkana Bazar, Secunderabad. 3 T. Lokanatham S/o. Late Sri Tandavaraya R/o. H.No. 119, Kharkana Bazar, Secunderabad. 4 P. Sadasivan S/o. Late Muthuswamy R/o. H.No. 43, Kharkana Bazar, Secunderabad. 5 P. Prabhakaran S/o. Late Muthuswamy R/o. H.No. 43, Kharkana Bazar, Secunderabad. 6 Kumari D/o. Late Sri Minia R/o. H.No. 3-22-624, Opp. Satyam Computers, Kharkana Bazar, Secunderabad. 7 Jaganath S/o. Sri Minia R/o. H.No. 3-22-624, Opp. Satyam Computers, Kharkana Bazar, Secunderabad. 8 M. Vishnu S/o. Late Maslamani Gun Bazar, Secunderabad. All are Represented by General Power of Attorney Holder Sri A.V. Menon S/o. A.S. Menon, aged 62 yrs, R/o. 2-2-1118, Plot No. 274, Ramalayam Street, New Nallakunta, Hyd'bad. ..... PETITIONER(S) AND 1 The Government of A.P., Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Khammam District, Khammam. 3 The Revenue Divisional Officer, Khammam District Khammam 4 The Tahasildar, Penuballi Mandal, Khammam District. .....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 any writ, order or direction more particularly one in the writ of Mandamus declaring the inaction of the respondents in not conducting enquiry under AP Assigned Lands (Prohibition of Transfers) Act 1977 and in restoring the possession of the lands in respect of Sy.No. 451/1, 451/2, 451/3, 451/4 in Gowraram Village, Penuballi Mandal, Khammam District as arbitrary, illegal, void and consequently direct the respondents to conduct the enquiry under Revenue Laws and restore the possession to the original assignees their legal heirs and pass such other order or orders Counsel for the Petitioner:DR.P.B.VIJAY KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in not conducting enquiry under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and in restoring possession of the lands in respect of Sy.Nos. 451/1, 451/2, 451/3, 451/4 in Gowraram Village, Penuballi Mandal, Khammam District, as illegal and arbitrary and consequently to direct the respondents to conduct an enquiry under the Revenue Laws and to restore possession of the land to the original assignees or their legal heirs. The petitioners state that the fathers of petitioners 1 to 3, 6 to 8 and grand fathers of petitioners 4 and 5 being Ex-servicemen were assigned lands in Sy. Nos. 451/1, 451/2, 451/3, 451/4 in Gowraram Village, Penuballi Mandal, Khammam District, in 1954-55 and pattas were also granted in their favour. The petitioners state that they sought some information from the respondents as to the lands assigned to them, which were alienated by some third parties, but the same was rejected on the ground that the information sought by them is 30 years old. The grievance of the petitioners, in fact, is that the lands in question were encroached by the third parties and, and though they made several representations to the respondents requesting them to conduct a detailed enquiry, evict the encroachers and handover possession of the said lands to them, but so far, no action has been taken on the said representations. Hence the writ petition. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue, and perused the material available on record. According to the petitioners, their fathers and grandfathers, being ex-servicemen, were assigned lands, and this is evident from the kahasara pahani for the year 1954-55. If the petitioners, fathers and grand fathers, were assigned the lands, it is not known as to why they remained quite for all these years and allowed the third parties to encroach upon their land. In fact, as can be seen from the aﬃdavit, they were seeking information relating to certain sale deeds and mutation of names of third parties, which took place about 30 years back. If some third parties had encroached their lands, the remedy of the petitioners, is to approach the competent civil Court, and seek appropriate reliefs against removal of the encroachers, but certainly, they cannot ﬁle the writ petition and seek directions to the respondents to conduct enquiry, remove the encroachers and restore the possession of the assigned lands to the original assignees or their legal heirs i.e. the petitioners. Hence, the writ petition is devoid of merit, and the same is accordingly dismissed. No costs. ______________ N.V.RAMANA,J Dt:17-09-2008 Usd To 1 The Principal Secretary, Government of A.P. Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Khammam District, Khammam. 3 The Revenue Divisional Officer, Khammam District Khammam 4 The Tahasildar, Penuballi Mandal, Khammam District. 5 Two CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT). 6 Two CD copies