IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8144 of 2005 Between: M.Syam Sundar Prasad and another. … Petitioners And The District Collector, Krishna District at Machilipatnam and four others. … Respondents Counsel for the petitioners: Sri J.U.M.V.Prasad. Counsel for respondents: AGP for Land Acquisition for R1 & R2. Sri V.Raghu for R.3 to R.5. This Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a Writ of Mandamus to declare the action of respondent Nos. 1 and 2 in not taking action on representation dated 23-3-2005 of the petitioners by giving protection to them in respect of land admeasuring Ac.7.00 cents comprised in Survey No.208/1A (R.S.No.315), situated in Pondugala village, Mylavaram Mandal, Krishna District, as illegal and arbitrary. Heard Sri J.U.M.V.Prasad, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondents 1 and 2, and Sri V.Raghu, learned counsel for impleaded respondents 3 to 5. The dispute pertains to Ac.7.00 cents of land in Survey No.208/1A of Pondugala village, Mylavaram Mandal, Krishna District. The petitioners claim that they were granted pattadar passbooks and title deeds on 5- 8-1997. They alleged that certain third parties, viz., respondents 3 to 5, in the name and style of Rythu Cooli Sangham, tried to grab the said land and immediately they lodged a complaint on 23-3-2005 before the Police, but no action is being taken on the said complaint. Respondents 1 and 2 have not filed any counter- affidavit. In the affidavit filed by the impleaded respondents (respondents 3 to 5) it is stated that they are landless poor persons; that an extent of Ac.1.00 cents of agricultural land in Survey No.312 was assigned to the husband of respondent No.3 and an extent of Ac.1.30 cents of agricultural land in Survey No.315 was assigned to the father of respondent No.4 in the year 1974; that the lands in Survey No.312 are the Government lands as they were surrendered to the Government under the provisions of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973; and that the writ petitioners are illegally interfering with their possession and attempting to take away the usufruct of mango based on the pattadar passbooks issued to them in respect of the agricultural land in Survey No.208/1A. The pleadings of the parties, as noted above, clearly show that there is a dispute with regard to the identity of land, in respect of which the petitioners alleged encroachment by respondents 3 to 5. While it is the case of the petitioners that the said land is their patta land situated in Survey No.208/1A, respondents 3 to 5 claim that the said land is comprised in Survey Nos.312 and 315. In view of this serious disputed fact, it is not possible for this Court to adjudicate the same while exercising the jurisdiction under Article 226 of the Constitution of India. Hence, the petitioners are permitted to file appropriate representations before respondent No.1, who, on receipt of the same, shall, after giving notice and opportunity of personal hearing to the parties, decide whether the lands claimed by the petitioners are patta lands comprised in Survey No.208/1A (R.S.No.315) and pass a detailed order. If it is found that respondents 3 to 5 are in unlawful occupation of the lands belonging to the petitioners, he shall issue necessary protection to the petitioners and initiate appropriate proceedings for eviction of the encroachers. Subject to the above observations, the Writ Petition is disposed of. --------------------------------------- - C.V.NAGARJUNA REDDY, J Date: 02-07-2008 MNR