IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5317 of 2005 Between: Chokkam Sreeramulu and another ..... PETITIONER AND The Revenue Divisional Officer, Jammalamadugu, Kadapa District and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5317 of 2005 O R D E R: The petitioners question the notice issued by the Revenue Divisional Officer dated 30.10.2004 in Ref.No.A/1106/2004 directing the petitioners herein to attend before him on 22.11.2004 to conduct enquiry based on the representation filed by the 2nd respondent herein for settlement of the Rastha dispute in Sy.No.96/2, 97/1, 97/3 of an extent of Ac.6.00. It is the case of the petitioners that the 2nd petitioner herein has already filed a suit in O.S.419/1998 on the file of the Principal Junior Civil Judge, Proddutur for injunction restraining the defendants therein including the 2nd respondent herein in any way interfering with the possession and enjoyment of the plaint schedule property, which relates to the above said Rastha, and the same was decreed on 31.12.2001. It is stated that once the Civil Court decided the dispute among the 2nd petitioner and 2nd respondent, it is not open for the revenue authorities to conduct enquiry. This Court while admitting the writ petition on 16.03.2005 granted interim stay of all further proceedings of the impugned notice. No counter is forthcoming on behalf of the respondents. I am of the opinion that the Revenue Divisional Officer cannot conduct enquiry in regard to Rastha in between the private parties, as the same issue was already decided by the Principal Junior Civil Judge, Proddutur by passing a judgment and decree in O.S.419/1998 dated 31.12.2001 in favour of the 2nd petitioner herein and against the 2nd respondent herein. Therefore, the impugned notice is liable to be set aside. Accordingly, the Writ Petition is allowed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 10.03.2011 Dsr