THE HONOUABLE SRI JUSTICE V.ESWARAIAH W.P. No. 1180 of 2008 Date:05-02-2008 Between: Gali Tata Rao and four others .. PETITIONERS AND The Govt. of A.P. rep. by its Principal Secretary, Revenue Department, Hyderabad and two others .. RESPONDENTS ORDER: The petitioners seek a writ of mandamus declaring the impugned order dated 07.01.2008 in Proceedings Rc.No.139/2005/ARI, passed by the 3rd respondent, as illegal, arbitrary and contrary to the orders passed in W.P.Nos.4101 of 2005 and 17166 of 2006, dated 11.10.2007. The petitioners earlier filed W.P.No.4101 of 2005 and 17166 of 2006 seeking writ of mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of their lands and also questioning the resumption orders in Rc.No.6097/04/E1, dated 24.06.2006 and the said writ petitions were disposed of directing the Mandal Revenue Officer, Bheemunipatnam to conduct an enquiry after giving reasonable opportunity to the petitioners and to decide as to whether the proceedings relied on by them in D.R.No.225/1402, dated 20.10.1992, D.R.No.226/1401, dated 28.06.1993, D.R.No.237/1102 dated 29.11.1992 and D.R.No.35/1395 dated 09.12.1985 are genuine or not and if they are not genuine, the petitioners are not entitled for any relief. It is stated that pursuant to the said order of this Court, notice in R.C.No.139/2005, dated 06.12.2007 and 29.12.2007 was issued to the petitioners and as the petitioners failed to avail the said opportunity, the impugned order, dated 07.01.2008 in Rc.No.139/2005/ARI has been passed by the Tahsildar, Bheemunipatnam holding that the “D” form pattas relied on by the petitioners are not genuine and their names were not recorded in the Dharakasth Register and relevant D.R. files and accordingly, the Mandal Revenue Inspector was directed to take possession of the lands of 1st petitioner in Sy.No.385/1 an extent of Ac.4.95 cents, 2nd petitioner in Sy.No.383/1 an extent of Ac.5.00 cents, 3rd petitioner in Sy.No.385/2 an extent of Ac.4.70 cents, 4th petitioner in Sy.no.357/2 an extent of Ac.4.00 cents and 375/2 an extent of Ac.0.88 cents and 5th petitioner in Sy.No.314 an extent of Ac.3.25 cents and the D.R. numbers relied on by the petitioners are not genuine. Aggrieved by the said orders of the Tahsildar, the petitioners have filed an appeal on 28.01.2008 on the file of the Revenue Divisional Officer, Visakhapatnam-II. Having regard to the facts and circumstances of the case, if any appeal said to have been filed on 28.01.2008 by the petitioner, the Revenue Divisional Officer, Visakhapatnam-II is directed to consider and dispose of the same in accordance with law and pending disposal of the said appeal, status-quo with regard to possession obtained as on today shall be maintained. With the aforesaid direction, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:05.02.2008 Note: C.C. within a week. B/O Ccm