IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE MR. JUSTICE R.SUBHASH REDDY WRIT PETITION No.13066 of 2008 Between: Kola Ram Babu, S/o. Appa Rao, Resident of Godarigunta, Kakinada Urban, East Godavari District ... PETITIONER AND 1 The District Collector, East Godavari District at Kakinada 2 The District Registrar, East Godavari District, at Kakinada 3 The Mandal Revneue officer, Kakinada, East Godavari District 4 Kadali Venkata Ramana S/o.Suryanarayana R/o.D.No.2-24-6,Srinagar, Kakinada East Godavari District 5 Karri Srinivas S/o.Karri Satyam R/o.D.No.1-13-32, Kondayyapalem, Kakinada East Godavari 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 may will be pleased to issue an appropriate writ more in the nature of writ of mandamus declaring the action of the Respondent Nos. 1 to 3 in not protecting the lands of the Government despite repeated oral and written representations and issuance of telegram as being illegal, arbitrary, and violative of Articles, 14 of the Constitution of India and consequently direct the respondents Nos. 1 to 3 to take appropriate action for restoration of the land sin SY.No.144/4 admeasuring Ac.5.72 cents situated at Ramanayyapet, Kakinada (Urban) East Godavari District into Government account and to initiate action Against the Respondent Nos. 4 and 5 as per the law of land Counsel for the Petitioner: MR.CH.SAMSON BABU Counsel for Respondents: GP FOR REVENUE The Court made the following: Order: (Per HC, J) This is a Public Interest Litigation wherein the petitioner has alleged that land bearing Sy.No.144/4, admeasuring Ac.5.72 cents, situated at Ramanayyapet, Kakinada (Urban), East Godavari District has been encroached upon by some persons including respondent Nos.4 and 5. In spite of the encroachments made on the Government land, it has been submitted that the Government authorities have not taken any action for removal of the encroachments. Learned Government Pleader appearing for the Revenue authorities has submitted that the averments and allegations made in the petition are not correct for the reason that the land bearing Sy.No.144/4 does not belong to the Government and it belongs to a private party and the said Survey No. admeasures only Ac.1.65 cents and not Ac.5.72 cents as stated in the petition. It has been further submitted by him that the certiﬁcate issued by the Village Revenue Oﬃcer, Ramanayyapeta, Kakinada (Urban) stating that the aforesaid land belongs to the Government is incorrect. He has placed on record revenue record, which has been duly signed by the Village Revenue Oﬃcer on 25-06-2008 stating that the land in question does not belong to the Government. It has been further submitted by the Government Pleader that necessary enquiry is being made to ﬁnd out as to how the Village Revenue Oﬃcer, Ramanayyapeta, Kakinada (Urban) has given a certiﬁcate to the eﬀect that land bearing Sy.No.144/4 belongs to the Government and the Collector, East Godavari District has initiated enquiry to ﬁnd as to why incorrect certiﬁcate was given by the Village Revenue Oﬃcer, Ramanayyapeta, Kakinada (Urban). In view of the fact that the Collector has already initiated necessary enquiry, in our opinion, we need not pass any further order in the matter and we hope that the Collector, East Godavari shall look into the matter and do the needful. The petition stands disposed of as rejected. ________________ ANIL R. DAVE, CJ. _____________________ R. SUBHASH REDDY, J. September 2, 2008 MRR