IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO :3411 of 2006 Between: Tammineedi Venkatanarayana ..... PETITIONER AND 1 The Mandal Revenue Offsicer, Yelamanchili Mandal, West Godavari Dist. And four others .....RESPONDENT(S) THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.3411 of 2006 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus declaring the inaction of the 1st respondent ie., Mandal Revenue Officer, Yelamanchili Mandal, Yelamanchili, West Godavari District on representation submitted by the petitioner and others dated 13.5.2005 as unjust and illegal and direct the 1st respondent to take action on representation dated 13.5.2005 immediately after calling for the records and to pass such other orders. 2. The case of the petitioner is that he is the resident of H.No.5-80, Yelamanchili village, Yelamanchili Mandal, West Godavari District. Their village is in Gram Panchayath of Yelamanchili. Their Gram Panchayat consists of 14 wards. They are in 5th ward. About eight years ago they formed a metal road abutting to their houses in R.S.No.232/1. The said road is connecting,the road leads to Siragarapalli village. The road was formed voluntarily with the assistance of neighbouring residents numbering eight families. There was no way out for the said eight families except the road which was formed voluntarily the residents of the locality. It is also stated that there was no objection from any quarter either from the revenue authorities or from the gram panchayat since all these years after forming the road. 3. It is also stated that the 4th respondent Grampanchayat wanted to sell the said piece of land in the name of waste land where the road was formed. The 4th respondent Grampanchayat has passed a resolution as if there was no objection from anybody for selling the said land and sought approval from the Mandal Revenue Officer ie., the 1st respondent at the instance of 5th respondent. If the 1st respondent grants permission for selling of the land, which is being used as a road for about 8 years all the residents of the locality will suffer. Therefore, they submitted a representation dated 22.5.2005 to the Mandal Revenue Officer, Yelamanchili along with respondents 2 and 3. On their representation to the District Collector, the District Collector endorsed, directing the Mandal Revenue Officer to examine and take necessary action. The 2nd respondent also directed the Mandal Revenue Officer on their representation to enquire in to the matter. Further they also submitted a representation on 13.5.2005 itself to the respondents 1 to 3. 2nd respondent directed the Mandal Revenue Officer to enquire on their representation and settle the issue, but no action has been taken thereof. Therefore, the present writ petition has been filed. 4. No counter-affidavit has been filed. 5. The case of the petitioner is that the petitioner and others are the residents of Yelamanchili Gram Panchayat and Mandal and they laid a road over a piece of land to use the same for the purpose of passage. There was no objection from any quarter while the road was laid and the said road is being used for useful purpose. While so, the Gram Panchayat has passed a resolution for selling the land on which the said road was laid without there being any objection from any quarter. Therefore, the petitioners made a representation dated 22.5.2005 to the District Collector, who endorsed and directed the Mandal Revenue Officer to examine the case and settle the issue, but no action has been taken thereof. Even earlier, the petitioners stated to have made a representation on 13.5.2005 requesting the respondent to enquire into the matter and pass appropriate orders so as not to disturb them from using the land road which was laid by them with the mobilization of funds by themselves. The said representation has not been considered and consequently there is a threat to them by the Gram Panchayat at the instance of the 5th respondent not to use that particular piece of land. 6. Therefore, without going into the merits of the case, the respondents are directed to verify as to whether the said representation of the petitioner dated 13.5.2005 is available and, if the same is available, the respondents shall dispose of the said representation within a period of two months from the date of receipt of a copy of this order. If the said representation is not available, the same may be informed to the petitioners within two weeks from the date of receipt of the order, in which case the petitioners are at liberty to make a representation to the respondents with regard to their problem within two weeks thereafter and thereupon the 1st respondent is directed to dispose of the said representation after due notice to the petitioners. 7. The writ petition is disposed of accordingly. No order as to costs. ________________ G.CHANDRAIAH,J 23rd September, 2009 Note: Furnish copy in one week. B/o PNV