IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos 6690 of 2002 and 505 of 2003 W.P.No.6690 of 2002 Between: Ramachandrapuram Castes Tenants Cooperative Society, Rep. by its Secretary Sikhapalli Yesobu, S/o. Venkata Narasaiah, Ramachandrapuram, Mangalagiri Mandal, Guntur District, R/o. Ramachandrapuram Village, Mangalagiri Mandal, Guntur District. ..... PETITIONER AND 1 The District Collector, Guntur, Guntur District. 2 The Mandal Revenue Officer, Mangalagiri Mandal, Guntur District. 3 The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District 4 The Divisional Cooperative Officer, Guntur, Guntur District. ...RESPONDENTS Counsel for the petitioner : MR V.V.L.N.Sarma Counsel for respondents 1 and 2: AGP for Revenue Counsel for respondents 3 and 4: None appeared. WRIT PETITION NO : 505 of 2003 Between: Sihapalli Yesobu son of Venkata Narasaiah R/o Ramachandrapuram, Mangalagiri Mandal, Guntur Dist ..... PETITIONER AND 1 The District Collector, Guntur District 2 The Mandal Revenue Officer Mangalagiri Mandal, Guntur Dist 3 The Revenue Divisional Officer , Guntur Guntur Dist 4 The Executive Engineer Krishna Central Divsiaon, Vijayawada, Krishna District 5 Secretary Nutakki Mala Tenants Cooperative Society Ltd Nutakki, Mangalariri Mandal, Guntur Dist ...RESPONDENTS Counsel for the Petitioners:MR.V.V.L.N.SARMA Counsel for respondents 1 to 3.: AGP FOR REVENUE Counsel for respondents 4 and 5: None appeared. The Court made the following : . COMMON ORDER: Writ Petition No.6690 of 2002 is ﬁled for a writ of Mandamus to direct the respondents to grant lease of Acs.22.28 cents in Survey No.348/2 of Ramachandrapuram Village, Mangalagiri Mandal, Guntur District in favour of the petitioner-Society. W.P.No.505 of 2003 is ﬁled to declare the inaction of the respondents in issuing D-form pattas to the members of the petitioner- Society as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to issue D-form pattas for an extent of Acs.68.00 cents in favour of its members. Heard Sri V.V.L.N.Sarma, learned counsel for the petitioner, and perused the record. In pursuance of the direction given by this Court, the District Collector, Guntur District submitted a report, in which, it is, inter alia, stated that in the year 1990-91, the petitioner was granted an extent of Acs.22.28 cents on lease, which was renewed up to 30-05-1994; that after conducting re-survey, it was found that only Acs.20.19 cents of lanka land was available in the central lanka and that the same was re- distributed between two Societies by the Executive Engineer, Krishna Central Division, Vijayawada, Krishna District as under- Sl. No. Name of the Society Re- distributed extent in Acres Previous extent allotted (before the re-survey) in Acres 1. Nutakki (DCTC) Mala Tenants Co- operative Society, Nutakki 12.00 32.56 2. Ramachandrapuram Castes Tenants Co-operative Society 8.19 22.28 It is further stated in the report that the said allotment was questioned by the petitioner in W.P.No.4026 of 1997, which was disposed of by this Court with a direction to the respondents to consider the request of the petitioner-Society for grant of lease of Acs.22.28 cents and take appropriate decision on the issue whether the petitioner-Society is entitled for lease of the entire extent of Acs.22.28 cents. The petitioner, thereafter, ﬁled Contempt Case No.916 of 1998 alleging disobedience of the said order. The said Contempt Case was dismissed on 21-10-1998, wherein this Court observed that there was no willful or deliberate contempt on the part of the respondents to disobey the order of this Court. In paragraph 5 of the report, it is stated that as per R.S.R, the land admeasuring Acs.90.84 cents in Survey No.348 of Ramachandrapuram is registered as Krishna river and that subsequently, the said survey number was formed into new survey numbers as per the Collector’s proceedings dated 10-11-1946 and the Tahsildar’s proceedings dated 23-11-1946, retaining an extent of Acs.35.19 cents in Survey No.348 as Krishna river. In paragraph 7 of the report, it is stated that at present an extent of Acs.20.19 cents of rellu lanka is free from lease and can be leased out as per the existing norms and that there is no Society by name and style “The Nutakki Mala Co-op.Tenants Society (DCTC)”, whereas the Society by name and style “The Nutakki Mala Tenants Co-op.Society Ltd” with registration No.963 is having Acs.67.49 cents under its control. Having regard to the above mentioned report of the District Collector, Guntur, both the writ petitions are disposed of with the direction to him to consider granting of Acs.20.19 cents of rellu lanka, which was reported to be free from lease and available for being leased, on lease to the petitioner-Society. The District Collector shall pass appropriate orders in this regard, within a period of eight (8) weeks from the date of receipt of a copy of this order. C.V.NAGARJUNA REDDY, J Dated 30th September, 2008 vrn