THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.22446 of 2008 ORDER: 1 This Writ Petition is filed seeking a direction by way of Mandamus to declare the action of the respondents in interfering with the possession and enjoyment of the petitioner over the lands in Sy.No.115 of Mitnala village, Kurnool District to an extent of Ac.9-90 cents as illegal and arbitrary. 2 It is the case of the petitioner that the foresaid land was originally owned by the father of the petitioner who had gifted the same to him and to his sisters. It is stated that when the fourth respondent, who is the son of the petitioner’s senior paternal uncle, has obtained pattedar passbooks and title deeds over the land in question, the petitioner moved the appellate authority and the appellate authority has passed orders on 10.03.2008 upholding the claim of the petitioner by ordering cancellation of the title deeds and the passbooks which were obtained by the fourth respondent. In this Writ Petition the grievance of the petitioner is that at the instance of the fourth respondent there is interference by the respondents 1 to 3 with the possession of the petitioner over the said land. 3 When the matter is taken up, the learned Government Pleader produced a copy of the order passed by this court in W.P.No.16081 of 2008 dated 21.07.2011. A perusal of the order passed by this court in the aforesaid Writ Petition shows that the fourth respondent claimed title and possession with regard to the very same land. The said Writ Petition was filed in the year 2008 and there was an interim order in favour of the fourth respondent herein and while disposing of the said Writ Petition by order dated 21.07.2011, this court directed the Joint Collector to dispose of the revision filed by the fourth respondent herein under A.P. Rights in Land and Pattedar Passbooks Act, and with a further direction that the interim stay granted by this court on 25.07.2008 shall continue to operate till appropriate final orders are passed in the revision. 4 In view of the allegation of the petitioner herein and also the allegation made in W.P.No.16081 of 2008, which was disposed of by this court on 21.07.2011, it is clear that there is a rival claim with regard to the title and possession over the very same land between the petitioner and the fourth respondent herein. Though the petitioner is claiming exclusive possession over the said land, but simultaneously as the fourth respondent is also claiming possession over the very same land, this court by order dated 21.07.2011 in W.P.No.16081 of 2001 while ordering continuance of the interim orders, directed the Joint Collector to dispose of the revision. 5 In view of the rival claims of title and possession, it is not possible for this court to accept the possession of the petitioner over the land so as to issue directions to the respondents 1 to 3 not to interfere with the alleged possession of the petitioner. As much as it is stated that civil disputes are also pending with regard to the very same land between the petitioner and the fourth respondent, it is open to the parties to work out their remedies before the Civil Court by filing appropriate applications. It is made clear that this court has not recorded any finding with regard to the possession over the land in question either of the petitioner or the fourth respondent. 6 Subject to the above observations, this Writ Petition is dismissed. No order as to costs. ----------------------- R.Subhash Reddy, J. 25.08.2011 Kvsn