IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1822 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/11/2008 in WP NO : 10204 OF 2008 on the file of the High Court.) Between: 1 Palla Ramachandra Rao S/o. Palla Appa Narasaiah R./o. Ramajogipet, Visakhapatnam, Visakhapatnam District. 2 Palla Suryaprakash Rao S/o. Late Appa Narasaiah R./o. Ramajogipet, Visakhapatnam, Visakhapatnam District. 3 Palla Venugopal Rao S/o. Late Appa Rao R./o. Ramajogipet, Visakhapatnam, Visakhapatnam District. 4 Palla Ranganayakulu S/o. Late Venkaiah R/o. 50-74-5/1, Ganeshnagar, Seethammapeta, Visakhapatnam, Visakhapatnam District. 5 Palla Jagannadha Rao S/o.Late Poli Naidu R/o. D.No.14-14-5, Ramajogipeta, Visakhapatnam, Visakhapatnam District. 6 Palla Appala Raju S/o.Late Poli Naidu R/o. D.No.14-14-5, Ramajogipeta, Visakhapatnam, Visakhapatnam District. 7 Palla Chalapathi Rao S/o.Late Poli Naidu R/o. D.No.14-14-5, Ramajogipeta, Visakhapatnam, Visakhapatnam District. 8 Palla Tirumala Rao S/o.Late Appa Rao R/o. D.No.14-11-7/A, Ramajogipeta, Visakhapatnam, Visakhapatnam District. 9 Palla Ramana Murthy S/o. Late Appa Rao R/o. D.No.14-11-7/A,, Ramajogipeta, Visakhapatnam, Visakhapatnam District. 10 Palla Viswanadham S/o. Late Appa Rao R/o. D.No.14-11-7/A,, Ramajogipeta, Visakhapatnam, Visakhapatnam District. 11 Palla Krishna Murthy S/o. Late Appa Rao R/o. D.No.14-11-7/A,, Ramajogipeta, Visakhapatnam, Visakhapatnam District. 12 Palla Krishna Mohan S/o. late Atchyuta Narayana R/o. Flat No. 106, Gajanda Fort, Sanjeeva Nagar, NAD Kotta Road, Visakhapatnam, Visakhapatnam District. 13 Palla Srinivas Rao S/o. late Atchyuta Narayana R/o. Flat No. 106, Gajanda Fort, Sanjeeva Nagar, NAD Kotta Road, Visakhapatnam, Visakhapatnam District. 14 Palla Madusudhan Rao S/o. late Atchyuta Narayana R/o. Flat No. 106, Gajanda Fort, Sanjeeva Nagar, NAD Kotta Road, Visakhapatnam, Visakhapatnam District. 15 Palla Rajendra Kumar S/o. late Atchyuta Narayana R/o. Flat No. 106, Gajanda Fort, Sanjeeva Nagar, (All The petitioners are Rep. by their GPA Holder Sri Datla Venkata Krishna Raju S/o.Late Suryanarayana Raju aged 56 years, Business, R/o. B-2, Seasurf Aprtments, Duch House Layout, Visakhapatham-17) ..... APPELLANT(S) AND Tahsildar, Visakhapatnam (Rural) Chinna Gadiri Visakhapatnam, Visakhapatnam District. .....RESPONDENT Counsel for the Appellant : MR.D.V.SITARAMAMURTHY Counsel for the Respondent : GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1822 of 2008 ORAL JUDGMENT: (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the appellants as well as the learned Government Pleader for Revenue appearing for the respondent. 2. This writ appeal is directed against the order, dated 25-11-2008, passed by a learned single Judge of this Court in W.P.No.10204 of 2008. 3. Appellants are petitioners and respondent is respondent in the writ petition. 4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the writ petition. 5. The whole dispute is with regard to granting of ryowari patta over a total extent of land admeasuring Acs.32-00 situated in original Survey No.389 (new R.S.No.346) of Thimmapuram village, Madhurawada Mandal, Vizianagaram District. It appears that in the enquiry conducted under Section 11 (a) of Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for brevity “the Act”), the petitioners succeeded in respect of the land in an extent of Acs.19.65 cents and ryotwari patta has been granted in favour of the petitioners. So far as remaining extent of Acs.12.35 cents is concerned, they were unsuccessful. As a result of the same, both the petitioners as well as the respondent approached the Director of Settlements, by way of filing appeals and the same are pending before the said authority. 6. When the respondent interfered with the fencing work undertaken by the petitioners in respect of Acs.19.65 cents of land, to which they were granted patta, the petitioners filed W.P.No.10204 of 2008. The learned single Judge, through the impugned order, dated 25-11-2008, dismissed the said writ petition. Hence, the present writ appeal. 7. Now, the dispute is as to whether the petitioners can be permitted to protect the land in respect of Acs.19.65 cents by way of fencing. 8. It is needless to say that in the statutory enquiry conducted under Section 11 (a) of the Act, patta has been granted in favour of the petitioners in respect of Acs.19.65 cents and, of course, the same is under challenge in an appeal preferred by the respondent before the Director of Settlements. It also appears that when some third parties tried to interfere with the said land, a suit O.S.No.298 of 2007 was filed and interim injunction also was obtained by the petitioners. 9. Therefore, it is the apprehension of the learned counsel for the petitioners that if the land, to which patta has been granted to the petitioners, is not protected, further encroachments may take place by various other persons and it is not possible for them to approach the Civil Court every time. 10. On the other hand, the learned Government Pleader for Revenue vehemently contended that there is no identification of the land in an extent of Acs.19.65 cents to which patta has been granted in favour of the petitioners and, therefore, no interim orders can be granted by this Court in favour of the petitioners, at this stage. 11. The contention of the learned Government Pleader cannot be countenanced for the simple reason that in the enquiry conducted under Section 11 (a) of the Act itself, an extent of Acs.19.65 cents of land to which patta has been granted in favour of the petitioners, the land ought to have been identified and, even otherwise also, it is not a difficult job for the respondent to identify the land in an extent of Acs.1965 cents to which the petitioners are entitled. 12. Therefore, we feel it expedient to protect the interest of the petitioners in whose favour patta has been granted, inasmuch as the said patta has not been cancelled and the same is very much in subsistence in favour of the petitioners. 13. Accordingly, the petitioners are permitted to fence the land in an extent of Acs.19-65 cents, to which patta has been granted to them, by way of raising a compound wall or by fencing the same with a barbed wire or in any other effective manner, subject to condition that the same shall be removed in case of any adverse order being passed by the appellate authority, at a later point of time. 14. It is made clear that the land so permitted to be protected by the petitioners shall not be alienated to any third party or the nature of the said land shall not be changed, in any manner whatsoever, pending the decision being rendered by the appellate authority i.e., the Director of Settlements. 15. With the above observations and directions, the writ appeal is disposed of, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 31-12-2008. Msr. THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1822 of 2008 31-12-2008 (Msr)