IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 15383 of 2005 Between: Koya Gangadhara Rao, S/o. Raghavaiah Krishna DIstrict, ..... PETITIONER AND 1 The District Collector, Machilipatnam, Krishna District. 2 The Joint Collector, Machilipatnam, Krishna District, 3 The Sub Collector, Vijayawada, Krishna District, 4 The Mandal Revenue Officer, Thotalvalluru Mandal, Thotlavalluru, Krishna District, 5 The Assistant Director of Survey, Machilipatnam, Krishna 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 may be pleased to issue a writ or order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 3 and 4 in displaying public notice in the Illuru Village vide Proc.R.O.C. M.S.No. 208/2004 dt. 6-6-2005 is arbitrary, bad and illegal and violative of Article 300A of the constitution and violative of principles of natural justice, consequently set aside the same by directing the respondents not to interfere with the petitioner's land in Survey Nos. 1 to 5 and 7 to 10 vide patta No. 1 and 2 of Mulkapally Village and in Survey No. 80 to 101 and 116 to 118 vide patta No. 205 of Illuru village, Thotlavalluru Mandal, Krishna District. Counsel for the Petitioner: Mr. KURITIBHASKARA RAO Counsel for the Respondents: GP FOR REVENUE The Court, at the stage of admission, made the following: ORDER: It is stated that a Joint patta bearing Nos.1 & 2, mentioning Survey Nos.1 to 5 and 7 to 10 of Mulakalapalli village of Thotlavalluru Mandal to an extent of Acs.307.43 and another patta No.205 with regard to the land to an extent of Acs.372.05 in Illuru village against R.S.Nos.82 to 101 and 116 to 118, were issued on 31-08-1963 to 22 legal heirs of late Davluri Peda Kotaiah, who acquired extensive lands in and around Illuru village and Mulkalpally of Thotlavalluru Mandal during their life time. Since then the legal heirs of late Davluri Peda Kotaiah were paying property taxes and have been in peaceful possession and enjoyment of the lands in question. The petitioner herein is one of the legal heirs of late Davluri Peda Kotaiah. 2. While so, the 3rd respondent, Sub Collector, Vijayawada, had issued instructions to the Mandal Revenue Officer, Thotlavalluru, the fourth respondent herein, who in turn issued public notice dated 06-06-2001 stating that all the legal heirs of late Davluri Peda Kotayya were restrained from doing agricultural operations in the land in question, without prior permission. Thereafter, on 13-06-2005 the petitioner along with other family members approached the Mandal Revenue Officer with all the relevant documents and filed one set of Xerox copies. Now the petitioner filed this writ petition questioning the validity of the notice dated 06-06-2005 issued by the Mandal Revenue Officer. 3. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. 4. The contention of the learned counsel for the petitioner that in the impugned notice neither survey numbers nor extent was mentioned, cannot be countenanced as the petitioner received the impugned notice and appeared before the Mandal Revenue Officer on 13-06-2005 with all relevant documents. Therefore, I see no reasons to entertain the writ petition. However, the petitioner is at liberty to assail the correctness of the order that would be passed by the Mandal Revenue Officer in pursuance of the impugned notice dated 06-06-2005. 5. Accordingly, the Writ Petition is dismissed. No costs. ______________________ (DHARMA RAO ELIPE,J) 18th July, 2005 tsy To 1 The District Collector, Machilipatnam, Krishna District. 2 The Joint Collector, Machilipatnam, Krishna District, 3 The Sub Collector, Vijayawada, Krishna District, 4 The Mandal Revenue Officer, Thotalvalluru Mandal, Thotlavalluru, Krishna District, 5 The Assistant Director of Survey, Machilipatnam, Krishna District, 6 Two CCs to the GP for Revenue, High Court of A.P., Hyderabad (O.U.T.) 7 Two CD copies 8 One CC to Mr. BHASKARA RAO