IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3986 of 2008 Between: Tikka Rajamallaiah S/o. Late Mallaiah R/o. Palivelpula (V) (M) Hanmakonda, District Warangal. ..... PETITIONER AND 1 The District Collector, O/o. Collectorate & Subedhari Hanmakonda, Warangal. 2 The District Revenue Officer, Warangal. 3 The Tahsildar Hanmakonda (M), Warangal District. 4 Tikka Mallikarjuna S/o. Late Bhadraiah R/o. Palivelpula (v) (M) Hanmakonda, District Warangal. ...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 issue an order direction or writ particularly one in the nature of writ of Mandamus or any appropriate writ by set a siding notice R.P.No.E3/6897/2006 dt. 31.01.2007 issued by the 3rd respondent and declare as illegal, arbitrary unjust biased discriminatory and also against the principle of natural justice and consequently direct the 3rd respondent authority to enter the name of the petitioner in the pahani patras of the revenue records as per ROR act and pass such other order or further orders. Counsel for the Petitioner :MR.JOGRAM TEJAVAT Counsel for the Respondents 1 to 3: GP FOR REVENUE Counsel for respondent No.4: None appeared. The Court made the following : O R D E R: The petitioner seeks to issue a writ of mandamus declaring the notice in R.C.No.A/ROR/2007, dated 22.01.2008 issued by the 3rd respondent, as illegal and arbitrary and consequently to direct the 3rd respondent authority to enter the name of the petitioner in the pahani patras of the revenue records as per A.P. Records of Rights Act. It is the case of the petitioner that a notice has been issued by the Tahsildar, Hanmakonda in R.C.No.A/ROR/2007, dated 22.01.2008 asking to appear before him for conducting enquiry on 04.02.2008 on an application filed by the 4th respondent stating that an extent of Ac.0.14 guntas which fell to his share has been wrongly mutated in Sy.No.413 situated at Pulvendula village. It is stated that an extent of Ac.3-10 guntas in Sy.No.393/B is in the name of Thikka Mallaiah, the father of the petitioner. The said Thikka Mallaiah has got three sons viz. petitioner, T.Rajaiah and T.Bhadraiah, the father of the 4th respondent. It is stated that the revision filed by the petitioner before the 2nd respondent for correction of revenue records for the year 1976- 77 is allowed remanding the matter to the Mandal Revenue Officer for restoration of the name of the petitioner for the year 1975-76 and to rectify the revenue records from 1976-77 to till date and therefore, the said notice issued by the Tahsildar is illegal and unsustainable. In the circumstances of the case, it is only a show cause notice to conduct enquiry and no final decision has been taken and therefore, the writ petition is premature and is filed only on certain misapprehension and misconception. In view of the aforesaid facts and circumstances of the case, I am not inclined to express any opinion with regard to the merits of the case and the said show cause notice issued by the 3rd respondent cannot be interfered with while exercising the jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed with liberty to participate in the enquiry along with all relevant documents before the Tahsildar and if any such final order is passed, it is always open for the petitioner to question the same. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:26.02.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}