IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3794 of 2008 Between: 1 Sura Ramanamma W./o. Narasimhulu,' Resident of yepur Village, Rapur Mandal, Nellor Dist., 2 Sura Penchalamma W/o. Poli Reddy, Resident of yepur Village, Rapur Mandal, Nellor Dist., ..... PETITIONER(S) AND 1 The State of A.P., rep by Ditrict Collector, Nellore, 2 The State of A.P., rep by Tahsildar, Rapur Mandal Nellore Dist., .....RESPONDENT(S) 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 to issue writ of Mandamus declaring the action of the respondents in interfering the lands with out disposing the representation made by the petitioner on 18-08-2007 and further direct the respondents not to proceed with the laying the cart track on the petitioner lands pending disposal of the representation dated 18-8-2007 and pass Counsel for the Petitioner:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 3794 of 2008 Order: The petitioners state that believing that one Bola Ankaiah, Gare Chinnaiah, Duggaboyana Kondaiah are the owners of the land in Survey No. 270/1, in an extent of Ac.0.58 cents, Survey No. 278/1, in an extent of Ac.0.67 cents, Survey No. 276/1, in an extent of Ac.1.16 cents, Survey No. 297/1, in an extent of Ac.1.26 cents, situated at Yepuru village, Rapur Mandal, Nellore District, they purchased the same for a valid consideration in the year 1987. Later, on coming to know that the said lands are Government Lands, they made representation to the 2nd respondent, namely the Tahsildar, Rapur Mandal, requesting him to issue pattas in their favour. The 2nd respondent having considered the same, issued pattas in respect of the land in Survey Nos. 295/1, 297/1, in an extent of Ac.0.58 cents and Ac.1.24 cents, and Survey Nos.296/1 and 298/1 in an extent of Ac.1.16 cents and Ac.0.67 cents respectively. While so, it is the case of the petitioners that based on a representation made by one Lekkala Poli Reddy for laying a cart track to his lands, the 2nd respondent issued notice dated 19.06.2007, to which the petitioners state that they submitted a detailed reply. However, it is the case of the petitioners that the 2nd respondent, without completing the enquiry and without passing any final orders, is trying to lay a cart track through the lands of the petitioners. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. Even though the petitioners contend that they submitted the reply to the show cause notice issued by the 2nd respondent-Tahsildar, the fact remains, they have not filed any material to show that they have submitted any such reply. However, the learned Assistant Government Pleader, on instructions, submitted that the enquiry has not been completed. In the circumstances, I deem it appropriate to dispose of the writ petition with the following directions: The petitioners are at liberty to submit detailed reply to the show cause notice issued by the 2nd respondent, and on such reply being submitted, the 2nd respondent shall conduct an enquiry and pass appropriate orders. Till the enquiry is completed and appropriate orders are passed, the respondents are directed not to dispossess the petitioners from the lands in question nor lay any cart track therein. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 07.03.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}