THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.819 of 2008 ORDER: Today though W.V.M.P.No.5437 of 2010 in W.P.M.P.No.974 of 2008 is listed under the caption ‘for Interlocutory’, the writ petition itself is taken up for disposal, at the request of the learned counsel on either side. In this writ petition, the petitioner is seeking a direction by way of Mandamus to declare the action of the respondents in taking steps to evict him from the land admeasuring Ac.74.00 covered by R.S.No.455 of Yernagudem village of Devarapalli Mandal, West Godavari District, as illegal and arbitrary, and a consequential direction to the respondents not to evict him from the scheduled land without following due process of law. In the affidavit filed in support of the writ petition, it is stated by the petitioner that he and his family members have been in possession and enjoyment of the land admeasuring Ac.74.00 covered by R.S.No.455 of Yernagudem village of Devarapalli Mandal, West Godavari District, having purchased the same by various registered sale deeds. The grievance of the petitioner is that on the complaint given against him alleging that he is in possession of the ceiling surplus land, the respondents are taking steps to evict him from his patta land. The 3rd respondent-Tahsildar, Devarapalli Mandal, West Godavari District, filed a detailed counter affidavit, wherein it is stated that the petitioner and his family members have purchased the land admeasuring Ac.62.00 in R.S.No.455 in Yernagudem village and, in addition to this, they have also purchased the land to an extent of Ac.7.00 cents in the same R.S.No.455 from one Pericherla Satyavathi vide registered document No.658/2007 dated 12.03.2007. It is also stated that the petitioner was also in possession and enjoyment of another piece of land admeasuring Ac.5.00 cents in the same R.S.No.455. Further, it is stated that though the petitioner was in possession of the land to a total extent of Ac.74.00 cents, pattadar passbook was issued only to an extent of Ac.62.00 cents, and for the remaining land, he has not applied for pattadar passbook. It is further stated that the land to an extent of Ac.8.95 cents in R.S.No.455, which was declared as surplus land under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, was identified and the same was assigned to 11 assignees of Yernagudem village, but since the said land was not taken possession by the assignees, the same is under the control of the Revenue Department. In the affidavit filed in support of W.P.M.P.No.10365 of 2008, the 4th respondent herein stated that his lands are being wrongly shown by the petitioner as excess lands determined under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. With regard to the claim of the 4th respondent, this Court is of the view that the same cannot be decided in the present writ petition. So far as the land admeasuring Ac.74.00 cents in R.S.No.455 is concerned, in view of the averments made in the counter affidavit filed by the 3rd respondent, this Court is of the view that the same belongs to the petitioner. With regard to the land admeasuring Ac.8.95 cents in R.S.No.455 is concerned, it is the contention of the 3rd respondent that the same was declared as excess land and it was already assigned to third parties, but as the beneficiaries have not taken possession of it, it is under the control of the revenue department. For the aforesaid reasons, this writ petition is disposed of directing the respondents not to interfere with the possession of the petitioner in respect of his land covered under R.S.No.455. However, it is open to the respondents to take steps to safeguard the land identified as surplus land under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. No order as to costs. ________________________ JUSTICE R.SUBHASH REDDY 26.04.2011 v v