IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO.20773 of 2008 Between: 1 Kongara Narasimha Rao, S/o. Ranga Rao, R/o. Aswaraopet(V) & (M), Khammam District, 2 Kongara Narayana Rao, S/o. Narasimha Rao, R/o. Aswaraopet(V) & (M), Khammam District, 3 Pendurthi Damoda, S/o. Laxminarayana, R/o. Aswaraopet(V) & (M), Khammam District. ...PETITIONERS AND 1 The Tahsildar, Aswaraopet, Khammam District, 2 The Assistant Engineer, Central Power Distribution Company of A.P., Ltd., (APSEB), Aswaraopet,Khammam District, 3 Smt. Parsa Laxmi, W/o. Late Muthyalu, R/o. Alligudem, Aswaraopet, Khammam District. 4 Shaik Basha, S/o. Majeed, R/o.Aswaraopet (B) & (M),Khammam District. 5 Kalapala Bhadram, S/o. Venkaiah, R/o.Aswaraopet (B) & (M),Khammam 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 to declare the acts of the respondents No.1 without issuing a letter to the Police Aswaraopet Police Station, Khammam District, disclosing petitioners ownership, title and possession over the land situated in Survey No.1228 to an extent of Ac.5-00, and Ac.3-20 guntas respectively, Situated at Aswaraopet, Khammam district, directing the Police Aswaraopet Police Station to give police aid to petitioners to protect their interest over the said land is an illegal, arbitrary and violation of principles of natural justice. Counsel for the Petitioner: MR.KILARU KHADER BABA Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE N.V.RAMANA WRIT PETITION NO.20773 of 2008 ORDER: This Writ Petition is ﬁled seeking a Mandamus to declare the action of the ﬁrst respondent in not issuing a letter to the Police, Aswaraopet Police Station, Khammam District, disclosing the petitioners’ ownership, title and possession over the land in an extent of Acs.5.00, Acs.5.00 and Acs.3.20 gts respectively, situated in Survey No.1228 of Aswaraopet, Khammam District, and directing the Police Aswaraopet P.S., to give police aid to the petitioners to protect their interest over the above mentioned land, as illegal and arbitrary. The petitioners state that the Government assigned the above mentioned lands to them by issuing lavani Pattas in the year 2000. Since then, they have been in peaceful possession and enjoyment of the same by raising cashew nut garden therein. As there is no suﬃcient cashew nut yielding in the garden, as per the advice of the Agricultural Oﬃcer, they decided to raise palm oil trees by removing cashew nut trees, and accordingly, they removed the cashew nut trees about six months back, drilled a bore about one month back and brought palm oil saplings for plantation. While so, it is the case of the petitioners that when respondents 3 to 5 tried to dispossess them from their respective lands and tried to occupy their lands, they approached the Police, Aswaraopet Police Station and gave a complaint against respondent Nos.3 to 5, but as the Police, Aswaraopet P.S., advised them to get a letter from the ﬁrst respondent directing to give police aid to them, they approached the ﬁrst respondent and requested to send a letter to the Aswaraopet Police Station disclosing their right and possession over their respective lands and directing the police to give police aid to protect their possession and to avert the illegal acts of respondent Nos.3 to 5. But the ﬁrst respondent did not take any action in this regard. Hence, they filed the present writ Petition. When the matter is taken up for admission today, the learned Assistant Government Pleader for Revenue, on instructions, submitted that the petitioners have not approached the ﬁrst respondent and made any representation seeking to send a letter to the Aswaraopet Police Station disclosing their right and possession over their respective lands and directing the police to give police aid, and if any such representation is made, the ﬁrst respondent will certainly consider the same. Having regard to the facts and circumstances of the case and in view of the submission made by the learned Assistant Government Pleader for Revenue, instead of keeping the Writ Petition pending, I deem it appropriate to dispose of the Writ Petition with the following directions: The petitioners are directed to approach the ﬁrst respondent again and ﬁle a fresh representation seeking to send a letter to the Aswaraopet Police Station disclosing their right and possession over their respective lands and directing the police to give police aid. On ﬁling such representation, the ﬁrst respondent, after veriﬁcation of necessary documents to be produced by the petitioners along with their representation, shall consider the same and pass appropriate orders in accordance with law and issue necessary letter informing that the writ petitioners are owners of the land to enable them to protect their land. Accordingly, the Writ Petition is disposed of. No costs. ______________ (N.V.RAMANA, J) 25th September 2008 RRB