THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11473 of 2008 Date: 08.11.2010 Between: Md. Lal Ahmad … Petitioner and The Tahsildar, r/o. Jangareddygudem, West Godavari District and another. … Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11473 of 2008 ORDER: Though the interlocutory matters are listed for hearing, at the request of the learned counsel for the parties, the writ petition itself is taken up for final disposal. 2. In this writ petition, the petitioner seeks a direction by way of Mandamus to declare the action of respondent No.1 in taking steps to dispossess the petitioner from the land to an extent of Ac.1-78 cents in R.S.No.305/7 situated at Taduvai Village, Jangareddygudem, West Godavari District, as arbitrary and illegal. 3. The petitioner that he is the owner and possessor of the aforesaid land by virtue of D-form patta granted by the then Mandal Revenue Officer by proceedings L.D.No.382/97, dated 28.6.1997. It is the grievance of the petitioner that inspite of the fact that the petitioner is in possession of the aforesaid land pursuant to the grant of patta issued in his favour, there is interference by the respondents illegally on 19.2.2008. Hence, the present writ petition. 4. Initially, this Court, by order dated 29.5.2008, granted interim order directing respondent No.1 not to interfere with the possession of the petitioner over the land in question. Subsequently, while admitting the writ petition on 23.6.2008, the said interim orders are extended until further orders. 5. No counter affidavit is filed by respondent No.1. But, on instructions, it is submitted by the learned Government Pleader for Revenue appearing for respondent No.1 that D-form patta granted in favour of the petitioner is intact and no orders are passed cancelling the said assignment. 6. On the other hand, it is stated in the affidavit filed by the impleaded party-respondent No.2 that the land, which is claimed by the petitioner, is part of the burial ground admeasuring Acs.3-86 cents in Sy.No.305/7, situated at Tadvai villagae, Jangareddygudem, West Godavari District. 7. Even according to the case of respondent No.1, the patta granted to the petitioner is intact. In that view of the matter, respondent No.1 cannot interfere and dispossess the petitioner from the aforesaid land. 8. Therefore, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to interfere and dispossess the petitioner from the land to an extent of Ac.1-78 cents in R.S.No.305/7 situated at Taduvai Village, Jangareddygudem, West Godavari District. However, it is made clear that if the land in which D-form patta was granted to the petitioner is part of the burial ground, this order will not preclude the 2nd respondent or any other person to bring it to the notice of the authorities concerned. It is also open to the respondents that if the aforesaid land is covered by burial ground, this order will not preclude the respondents to take appropriate steps in accordance with law. 9. Subject to above observations and directions, the writ petition is disposed of. There shall be no order as to costs. _______________________________ JUSTICE R.SUBHASH REDDY 08.11.2010. Msr THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11473 of 2008 08.11.2010 (Msr)