IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1175 of 2009 Between: Duppula Guravaiah S/o.D.Venkaiah R/o.1/243, Cheruvu Bazaar, Near Water Tank, Bangaru Peta, Jaggayyapet Village & Taluq, Krishna District. ..... PETITIONER AND 1 Jaggaiahpet Municipality at Jaggaiahpet, Krishna District Represented by its Commissioner. 2 Tahsildar, Jaggaiahpet Taluk, Krishna District. 3 Sub-Collector, Krishna District, at Vijayawada. 4 Collector, Krishna District, 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 will be pleased to direct the Respondents to conduct enquires and consider issuance of Patta, Pattadar Pass Book and title deeds taking into consideration of the Petitioner long un-interrupted possession, cultivation and enjoyment over Ac 0.75 cents in Sy.No.398, situated at Bangaru peta, Cheruvu Bazar of Jaggaiahpet Village and Taluq, Krishna District interms of The A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the Rules made there under and the consequential resolution of 1st Respondent in CR.No.371, dated 13.3.2008 and to grant such other relief or reliefs as the Petitioner is found entitled to in Law by issuance of a writ more particularly a writ in the nature of a writ of Mandamus or any other appropriate writ or direction as the Hon'ble Court be deem fit and proper in the circumstances of this case or else the Petitioner will be put to great hardship and suffer irreparable loss. Counsel for the Petitioner:MR.CH.RAMESH BABU Counsel for the Respondents : MR.S.NAGESWARA REDDY The Court made the following : ORDER: The petitioner states that for the past several decades his family is in possession and enjoyment of Ac.0.75 cents of land in survey No.398 of Bangarupeta, Jaggaiahpet Village and Mandal, Krishna District. He states that he is cultivating the land by raising different crops. In the recent past, the Jaggaiahpet Municipality is stated to have resolved to utilize the said land for the purpose of construction of houses under the Indiramma scheme. The petitioner got such information by submitting application under the Right to Information Act. On coming to know the same, he submitted a representation, dated 11.10.2008, to the District Collector, the fourth respondent, with a request to desist from taking any action, to evict him from the land. His grievance is that any action has been taken thereon. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. The information furnished by the municipality, in response to the application filed by the petitioner, discloses that it has been resolved to construct houses over the land in survey No.398. In case the petitioner is in possession of the land for a long time, he cannot be evicted from it abruptly, particularly when it is being cultivated by him. Further, the Government has also adopted a policy of assigning agricultural lands to eligible persons. Therefore, the Writ Petition is disposed of, directing that the fourth respondent shall examine the representation, dated 11.10.2008, submitted by the petitioner, and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. Till the application is disposed of, the possession of the petitioner over the land shall not be disturbed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J Dated:29.01.2009. GJ