IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9119 of 2008 Between: Penda Radhakrishna S/o.Bullanna Hindu Valmiki By Caste Forester A.P.F.D.C R/o.Devarapalli(V) &(M) Visakhapatnam Dist ..... PETITIONER AND 1 The Agenecy Settlement Officer & Sub-Collector Paderu Post Visakhapatnam 2 The Tahsildar Paderu Post Visakhapatnam Dist 3 Korabu Ramakrishna S/o.Gangulu Hindu, R/o.Pasuvula Banda(V) Visakhapatnam Dist .....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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 1st respondent herein in not passing orders in I.A No. of 2007 in A.S.O.P.No.1 of 2006 filed by the petitioner on 8-12-2007 under order 9,Rule 13 read with section 151 of C.P.C to set aside the ex parte order dt.20-8-2007 in A.S.O.P.No.1 of 2006 filed by the petitioner within 30 days from the dated of Knowledge of the ex part order on 12-11-2007 as being illegal unjsut arbitrary and violative of Articles 14 and 21 of the constitution of India and be pleased to pass Counsel for the Petitioner: MR.E.V.BHAGIRATHA RAO Counsel for the Respondents 1 & 2: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been filed by Sri Panda Radhakrishna assailing the action of the Agency Settlement Officer-cum-Sub Collector, Paderu-the first respondent in not taking up the application filed by him to set aside the ex parte order dated 20.08.2007. It is stated that the third respondent filed A.S.O.P.No.1 of 2006 before the first respondent to cancel the patta issued in favour of the petitioner and issue Settlement Patta in his favour claiming that he is the successor of Korabu Balanna, who is the original pattedar of the land in question. The first respondent passed ex parte order on 20.08.2007 against the petitioner. Relevant portion of the order passed by the first respondent reads as under. As per the statement of Korabu Venkamma Panda Balesu and all villagers and V.A.O. statement this respondent not at all descendent to the Korabu Balanna accordingly point No.3 answered. In the result, the records placed before me after perusing the statements of the village elders in the settlement case No.1639/77 it is proved beyond doubt that Panda Balesu is in the possession of the land from 1964 when estate is notified in the year 1973 and the settlement operation under Estate Abolition Act happened in 1977 so Panda Balesu was genuine and rightful owner of the ryotwari patta. On perusal of the records according to the statement of villagers Panda Balesu was taken in adoption by Smt.Venkayyamma in 1964 accordingly he becomes on the members of “Korabu” family. Since Panda Balesu remind unmarried and he has no issues, claim of petition i.e., Korabu Ramakrishna as successor to Korabu family is genuine. So the property belong to Panda Balesu shall be transferred to Korabu Ramakrishna who is successor for that family. Therefore, Korabu Ramakrishna S/o. Gangulu R/o.Pasuvulabanda village of Chinthapalli Mandal entitled to enjoy the plaint schedule land hereafter. The petitioner herein filed an application to set aside the said order dated 20.08.2007 passed by the first respondent on the ground that the order came to be passed without hearing him. The said application is stated to be pending before the first respondent. Hence this writ petition. Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare appearing for respondents. 1 and 2. The main grievance of the petitioner in this writ petition is that the Agency Settlement Officer-cum-Sub Collector, Paderu-the first respondent has not passed any orders on the application filed by him under Order 9 Rule 13 r/w Section 151 of C.P.C. seeking to set aside the ex parte order passed on 20.08.2007. Such is the situation, I deem it appropriate to direct the respondents to dispose of the application filed by the petitioner within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 17th June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Agenecy Settlement Officer & Sub-Collector Paderu Post Visakhapatnam 2 The Tahsildar Paderu Post Visakhapatnam District. 3 2 CCs to G.P. for Social Welfare, High Court of A.P. Hyderabad.(OUT). 4. 2 CD copies. Form-NIC-OGS/WP{TRT}