IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY WRIT PETITION NO : 10427 of 2004 Between: 1 Bellamkonda Srinivasulu, S/o. Ramanaiah, R/o. Golagamudi Village, Venkatachalam Mandal, Nellore District. 2 Turaka Mallikarjuna, S/o. Mastanaiah, R/o. Golagamudi Village, Venkatachalam Mandal, Nellore District. 3 Vagati Penchalaiah, S/o. Bangaraiah, R/o. Golagamudi Village, Venkatachalam Mandal, Nellore District. 4 Bellamkonda Pedda Venkaiah, S/o. ankaiah, R/o. Golagamudi Village, Venkatachalam Mandal, Nellore District. ..... Petitioners AND The Mandal Revenue Officer, Venkatachalam Mandal, Venkatachalam, Nellore District. .....Respondent Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent in granting oral permission to the third parties to occupy the lands in Sy.Nos. 499 and 500 of Anikepalli Village, Venkatachalam Mandal, Nellore District which are in possession and enjoyment of the Petitioners for the last 20 years as arbitrary, illegal and violative of the principles of natural justice and consequently direct the Respondent to regularize the possession of the petitioners of the said lands and grant DKT pattas to the petitioners of an extent of 5 Acres each of the lands in Sy.Nos.499 and 500 situated in Anikepalli Village Accounts Venkatachalam Mandal, Nellore District, by declaring that the Petitioners are entitled for grant of DKT pattas of the Govt. Lands, and with all other consequential benefits, monetary and otherwise. For the Petitioner: MR.V.JAGAPATHI, Advocate For the Respondent GP FOR REVENUE The Court at the stage of admission made the following : ORDER: Writ petition No.4002/2004 filed earlier by the petitioners seeking a writ of Mandamus declaring the action of the third respondent in refusing to assign the lands in S.Nos. 499 and 55 of Anikepalli Village, Venkatachalam Mandal, Nellore District was dismissed as withdrawn without any leave and liberty to file a fresh writ petition. In view of the same, the present writ petition filed seeking the very same relief cannot be entertained. If the petitioners are aggrieved by the encroachment made by the third parties, they are at liberty to proceed against them in accordance with law to protect their possession. The writ petition is accordingly dismissed. -------------------- A.GOPAL REDDY,J DT.20-9-2004 Kmr To 1.The Mandal Revenue Officer, Venkatachalam Mandal, Venkatachalam, Nellore District. 2.Two CCs to the Govt., Pleader for Revenue, High Court Buildings, Hyderabad (OUT) 3.Two CD copies.