IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25901 of 2008 Between: 1 Vennapusa Musalaiah S/o. Kondareddy R/o. Chennipadu Village, Ponnalur Mandalam, Prakasam District. 2 Vennapusa Pulla Reddy S/o. Bali Reddy R/o. Chennipadu Village, Ponnalur Mandalam, Prakasam District. 3 Vennapusa Konda Reddy S/o. Rami Reddy R/o. Chennipadu Village, Ponnalur Mandalam, Prakasam District. 4 Vennapusa Konda Reddy @ Nathi Konda Reddy S/o. Rami Reddy R/o. Chennipadu Village, Ponnalur Mandalam, Prakasam District. 5 Vennapusa Venkateswarlu S/o. Morra Reddy R/o. Chennipadu Village, Ponnalur Mandalam, Prakasam District. 6 Avuluri Kotamma W/o. Rami Reddy R/o. Chennipadu Village, Ponnalur Mandalam, Prakasam District. ..... PETITIONERS AND 1 The District Collector, Prakasam District at Ongole. 2 The Joint Collector, Prakasam District at Ongole. 3 The Revenue Divisional Officer, Kandukur, Prakasam District. 4 The Tahsildar and previously Mandal Revenue Officer, Ponnalur, Prakasam District. 5 Kalidas Jagannatham allegedly adoptedson of Sankaraiah in M.R.O.'s Office, Kondepi and now Residing at Santhapeta, Ongole, Prakasam District. 6 The Inspector of Police, Kandukur Circle, Prakasam 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 will be pleased to issue an order or orders more particularly one in the nature of a Writ of Mandamus to delcare the action of the respondent No.2 in passing the proceedings in D.Dis.No.3037/2005(D2) dt. 5.11.2005, order of 3rd respondent passed in D.Dis/389/2001 dated 22.07.2005 and the orders passed by the 4th respondent in Rc.B.134/2005 dt. 17.04.2007 and Rc.B.134/2005 dt. 24.11.2007 wherein it was ordered to issue pattedar pass books and title deeds in favour of the 5th respondent in respect of Ac.13.03 S.No.169 and Ac.3-43 in S.No.168 of Chennipadu Village, Ponnaluru Mandalam, Prakasam District, deleting the names of the petitioners in occupants column in R.O.R. Form-I and attempting todispossess the petitioners from their respective lands with the help of the 6th rspondent as illegal, arbitrary and unconstitutional and consequently direct the respondents 1 to 6 not to disturb the possession of the petitioners in respet of the above lands which is also subject matter in O.S.No.4/2006 on the file of the Senior Civil Judge, Kandukur set aside the above impugned orders declaring them as null and void and pass such other order or orders as the Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioners: SRI N.RAVI PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25901 of 2008 ORDER: All the petitioners belong to Vennapusa family of Chennipadu Village of Ponnalur Mandal in Prakasam District. There is a dispute between this family and Kalidas family, represented by fifth respondent herein, in respect of the land admeasuring Acs.26.05 in survey No.168 and Acs.6.86 in survey No.169 (total Acs.32.91) situated at Chennipadu Village. Fifth respondent statedly is a retired Deputy Tahsildar. It is alleged that he manipulated to get the subject land mutated in his name and also obtained pattadar pass books and title deeds. This led to series of disputes between the petitioners and members of Kalidas family including fifth respondent by way of writ petitions and other proceedings before the revenue authorities. Ultimately, while disposing of the writ petition, being W.P.No.819 of 2006, on 17.01.2006 this Court gave liberty to the petitioners to agitate the matter before the civil Court. In furtherance thereof, the petitioners filed O.S.No.4 of 2006 on the file of the Court of the Senior Civil Judge, Kandukur, along with I.A.No.29 of 2006 for ad interim injunction. The same is pending. In the meanwhile, an attempt was made for survey of the land at the behest of fifth respondent. Petitioners sent a notice/reply notice on 14.08.2008 bringing to the notice of fifth respondent about the factum of filing of suit. In spite of the same, it is alleged that on 04.09.2008 the fifth respondent, his kith and kin, Police and revenue Officials tried to dispossess the petitioners. Therefore, they filed the present writ petition. This Court adjourned the matter yesterday to enable the learned Assistant Government Pleader for Revenue (Andhra Area) to get instructions in the matter. After getting instructions, he submits that an application was made by fifth respondent for survey of the land, and no steps were taken to dispossess the petitioners, as alleged. The same is recorded. This Court also observes that as the matter is lis pendens in the civil Court, survey of the land or any attempt to dispossess the persons, whoever is in possession, is not warranted. Petitioners may approach the learned Senior Civil Judge, Kandukur, and press for orders in I.A.No.29 of 2006. The Writ Petition, with the above observations, is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) 27.11.2008 vs To 1 The District Collector, Prakasam District at Ongole. 2 The Joint Collector, Prakasam District at Ongole. 3 The Revenue Divisional Officer, Kandukur, Prakasam District. 4 The Tahsildar and previously Mandal Revenue Officer, Ponnalur, Prakasam District. 5 The Inspector of Police, Kandukur Circle, Prakasam District. 6 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 7 2CD copies Form-NIC-OGS/WP{MSN}