IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 11481 of 2001 Between: 1 Namburu Subbaiah, S/o. N.Mangaiah, R/o. Pagadalapalli Village, H/o. Mittatmakur Village, Gudur Mandal, Nellore District. 2 Namburu Venkaiah Naidu, S/o. Venkata Swamy Naidu, R/o. Pagadalapalli Village, H/o. Mittatmakur Village, Gudur Mandal, Nellore District. 3 Narra Subramanayam, S/o. Narra Ramaiah, R/o. Pagadalapalli Village, H/o. Mittatmakur Village, Gudur Mandal, Nellore District. 4 Kalicheti Raghava Reddy, S/o. Penchala Reddy, R/o. Pagadalapalli Village, H/o. Mittatmakur Village, Gudur Mandal, Nellore District. ..... PETITIONERS AND 1 The District of Settlements, Survey & Land Records, Hyderabad, Andhra Pradesh. 2 The District Collector, Nellore, Nellore District. 3 The Revenue Divisional Officer, Gudur, Nellore District. 4 Mandal Revenue Officer, Gudur, Gudur Mandal, Nellore District. .....RESPONDENTS Counsel for the Petitioners:MR.K.MURALIDHAR REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to distribute the petitioners’ land admeasuring Acs.80.20 cents comprised in Survey No.306 of Mittatmakur Village, Gudur Mandal, Nellore District, by way of assignments to the third party beneficiaries as arbitrary and unreasonable. The petitioners sought for directions to respondent Nos.2 to 4 to implement order, dated 30.11.1964 of respondent No.1. Heard Sri K.Muralidhar Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. The case of the petitioners in short is that in respect of land admeasuring Acs.80.20 cents in R.S.No.306 of Mittatmakur Village, Gudur Mandal, the petitioners filed an application under Section 11-A of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948; that initially, the Settlement Officer rejected the petitioners’ claim by order, dated 01.05.1962; that the Director of Settlements, Hyderabad, who entertained the revision petition filed by the petitioners remanded the same to the Assistant Settlement Officer for fresh enquiry; that the Assistant Settlement Officer once again rejected the petitioners’ claim and that the revision petition filed by the petitioners against the said order was allowed by respondent No.1 on 30.11.1964 by declaring that the petitioners established their right for grant of ryotwari pattas. The grievance of the petitioners is that despite their repeated representations to respondent Nos.2 to 4, they have not implemented the said order by issuing ryotwari pattas, but respondent No.4 got a Tom-Tom notification issued on 26.05.2001 to grant house site pattas to some of the harijans of Edalapalli and Pagadalapalli Villages. In the counter-affidavit filed by the Joint Collector, Nellore, the above-mentioned facts have been admitted. It is stated that the action initiated by respondent No.4 for distribution of the said land was dropped and he was directed to inspect the land along with Mandal Surveyor, measure the area of cart track and channel and implement the order of respondent No.1 in respect of the balance area out of Acs.80.20 cents of land within a period of 15 days. At the hearing, neither the learned counsel for the petitioners nor the learned Assistant Government Pleader for Revenue for the respondents reported to the Court whether ryotwari pattas were granted as held out by the Joint Collector in his counter-affidavit. Since the rights of the petitioners for grant of ryotwari pattas as declared by respondent No.1 are admitted by the respondents and in the light of the stand taken by the Joint Collector in his counter-affidavit, dated 07.10.2001 that the order of respondent No.1 will be implemented within 15 days, the writ petition is disposed of with the direction to the respondents to issue ryotwari pattas to the petitioners in respect of the above mentioned land after excluding cart track and channel, within a period of eight (8) weeks from the date of receipt of a copy of this order, if ryotwari pattas have already not been granted. As a sequel to disposal of main petition, interim order, dated 13.06.2001 is vacated, WPMP.No.14228 of 2001 is dismissed and WPMP.Nos.20143 and 20875 of 2008 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 28th JULY, 2008. kvni