THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.5216 of 2007 Date:16.07.2010 Between: Cheeda Nageswara Rao. ………..Petitioner. And The Tahsildhar, Podili Mandal, Prakasam District. ………Respondent. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.5216 of 2007 ORDER: This writ petition is filed by Cheeda Nageswara Rao with a prayer to issue Mandamus declaring the action of the Tahsildhar, Podili Mandal, Prakasam District- respondent in not conducting enquiry as directed by the Revenue Divisional Officer, Kandukuru as illegal, irregular, irrational and violative of Provisions of Inams Abolition Act. The petitioner claims to be the owner and possessor of Ac.2.00 cents of land in Sy.No.2 of Kambalapadu Village. The Special Deputy Tahsildar of Inams, Kandukuru, by his order dated 22.6.1977 granted Ryotwari Patta to Mulla Dastagiri Saheb, S/o.Chinna Hussain Pacha Saheb to an extent of Ac.7.42 cents in Sy.No.2 of Kambalapadu Village. The petitioner filed an appeal against the said order before the Sub-Collector of Kandukuru, who passed an order in CMP No.2/81/I.A.No.2/80, dated 4.5.1981. Against the said order, the Mulla Dastagiri Saheb filed a Revision Petition before the Commissioner of Survey Settlements & Land Records, A.P., Hyderabad. The Revisional Authority set aside the order of Sub-Collector, Kandukuru in Case No.V2/1204/81, dated 24.10.1981. Aggrieved by the said order, the petitioner filed a further revision before the Commissioner of Survey Settlements & Land Records, A.P., Hyderabad, and, thereafter, filed W.P.No.3365 of 1982. The said writ petition came to be allowed setting aside the order No.VI/1815/87, dated 5.8.1994. Thereafter, the Revenue Divisional Officer, Kandukuru set aside the order of the Special Deputy Tahsildar of Inams, Kandukuru and remanded the matter back to the Tahsildar, Podili Mandal, Prakasam District. There being no action on the part of the Tahsildar, Podili Mandal, Prakasam District-respondent, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. Heard learned counsel appearing for the petitioner and learned Government Pleader for Revenue appearing for the respondent. The limited grievance of the petitioner is that the respondent despite direction being given by the Revenue Divisional Officer, Kandukur, is not proceeding with the enquiry. The learned counsel referred the order passed by the Revenue Divisional Officer, Kandukur. The relevant portion of the order reads as hereunder: “Heard the advocates for the appellant and the respondents perused the records. It is beyond reasonable doubt that the Inam Deputy Tahsildar has erred in granting Ryotwari Patta without following the procedure prescribed under the act. He simply conducted enquiry suo-moto on the same date without publishing from-V notice or giving notice to the persons interested in. Further it is not a speaking order. Hence, the orders of Inam Deputy Tahsildar were illegal and contrary to law and liable to be set aside. For determination of the title over the land the original adangals and cist receipts, Inam-B Register, Survey Number particulars and Physical possession of the land have to be verified. In view of the above, setting aside the orders of Inam deputy Tahisldar issued on 22.6.77, case is remanded back to the Mandal Revenue Officer, Podili, who is having original Jurisdiction to grant Ryotwari Patta, with a direction to complete enquiry and grant patta within 2 months from the date of receipt of this order after giving reasonable opportunity to all the concerned.” It is evident from the order passed by the Revenue Divisional Officer, Kandukur, the respondent has to conduct the enquiry and pass appropriate orders. In that view of the matter, the writ petition is disposed of directing the respondent to conduct enquiry as ordered by the Revenue Divisional Officer and pass appropriate orders within two months from the date of receipt of a copy of the order. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:16.7.2010 mrb