THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.23358 of 2006 Date: 29-10-2009 Between: Tadikamalla Gopaiah … Petitioner And The Mandal Revenue officer, Penuballi, Khammam District and others … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.23358 of 2006 ORDER: This writ petition has been filed seeking Writ of Mandamus declaring the inaction of the respondents 1 to 3, (official respondents) particularly the 1st respondent, Mandal Revenue Officer, in proceeding further in pursuance of notice in Rc.No.B/697/05 dated 02.06.2005 in not evicting the respondents 4 to 7 from the land admeasuring Acs.9.20 guntas situated in Survey No.343 of Lankapalli village, Penuballi Mandal, Khammam District, as illegal, arbitrary, unreasonable and contrary to the provisions of A.P. Assigned Land (Prohibition of Transfers) Act, 1977 and also violative of Articles 14, 21 and 300-A of the Constitution of India and to issue consequential direction to the respondents 1 to 3 to take immediate action to evict the respondents 4 to 7 from the aforesaid land. The case of the petitioner, in brief, is that he belongs to Schedule Caste community. Himself and his father were in possession to an extent of Acs.9.20 guntas of land in Survey No.343 of Lankapalli village, Penuballi Mandal, Khammam District and cultivating the same for the last fifty years. Based on their occupation, the Government assigned the said land in their favour. During the year 1994-95, the respondents 4 to 7, who are having more than ten acres of land each, illegally occupied the subject land. Ever since from the illegal occupation of the subject land by the respondents 4 to 7, the petitioner has been approaching the respondents 2 and 3 to evict the said persons from the petitioner’s land but no action has been taken. It is also his case that he made a representation dated 24.02.2005 to the 3rd respondent, District Collector, and the same was forwarded to the 1st respondent, Mandal Revenue Officer, for taking necessary action, but no action has been taken by the 1st respondent. Therefore, the petitioner has come up with the instant writ petition. The learned Government Pleader, appearing for the respondents 1 to 3, placed, before this Court, a copy of the proceeds in Rc.No.B/697/05, dated 17.01.2007, issued by the 1st respondent that the case of the petitioner is considered and rejected. On the other hand, the learned counsel appearing for the petitioner submitted that he is not aware of the proceedings dated 17.01.2007 issued by the 1st respondent. Therefore, he submitted that the petitioner is prepared to take appropriate steps in the matter by way of filing an appeal, aggrieved by the proceedings dated 17.01.2007 before the appropriate authority, within a period of six weeks. Heard the learned counsel for the petitioner and the learned Government Pleader and perused the material on record. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, without going into the merits of the case and recording the submissions made by the learned counsel, the writ petition is closed with a liberty to the petitioner to avail remedies available to him under the law for questioning the validity of the proceedings dated 17.01.2007 issued by the 1st respondent, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. __________________________​_ JUSTICE G. CHANDRAIAH Date: 29-10-2009 LSK