IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16050 of 2008 Between: 1 Madhikunta Venkaiah S/o Narasaiah R/o H. No. 03-04-58, Temple Road, Ramagundam, Karimnagar District. 2 Madhikunta Amruthamma W/o Chendraiah R/o Chinnakalvala Village, Sulthanabad Mandal, Karimnagar District. 3 Madhikunta Padma W/o Thirupathi R/o Chinnakalvala Village, Sulthanabad Mandal, Karimnagar District. ..... PETITIONERS AND 1 The Tahsildar, Sultanabad mandal, Karimnagar District. 2 Madhikunta Anjaiah S/o Rajaiah R/o 14-2-189, Near Nethaji Public School, 5 Incline, Godavarikhani, Karimnagar. 3 Madhikunta Radhamma w/o Rajaiah r/o Chinnakalvala Village, Sulthanabad Mandal, Karimnagar 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 a writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the impugned action of the 1st respondent in trying to evict us at the instance of 2nd respondent is illegal, void, abinitio and violation of principles of natural justice and consequently direct the respondents not to interfere with peaceful possession and enjoyment of the petitioners schedule property in Sy No's 28, 53/H, 90, 91/B & 50 situated at Chinnakalval Village, Sivaru of Sulthanabad Mandal, Karimnagar District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.K.SRINIVAS Counsel for the Respondent No.1: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed by the petitioners stating that they inherited the agricultural land admeasuring Ac.5.03 guntas situated in Sy.Nos.28, 53/H, 90, 91/B, 93 & 50 of Chinnakalval Village, sivaru of Sulthanabad Mandal, Karimnagar District through a mutually agreed partition dated 30.3.1982. But at the instance of the 1st respondent, the 2nd respondent with the help of local political leaders is trying to evict them from the said land. Therefore they filed the writ petition seeking a direction to the respondents not to interfere with their peaceful possession and enjoyment of the schedule land. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. Admittedly, the petitioners and the unofficial respondents are litigating the matter in the civil Court and the suit filed by the petitioners is dismissed. The petitioners filed this writ petition by making the Mandal Revenue Officer a party and seek indirectly injunction against the unofficial respondents, which is not permissible. Since the petitioners have already filed the suit, they are at liberty to agitate their rights before the Civil Court and this Court under Article 226 of the Constitution of India cannot entertain such writ petitions. The writ petition is devoid of merits and it is accordingly dismissed. N.V.RAMANA,J Dt.25.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Tahsildar, Sultanabad mandal, Karimnagar District. 2 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 3 2CD copies