IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5464 of 2008 Between: Sri Ragam Bakkaiah S/o. Ragam Mallaiah R/o. Manikyapuram Village, Lingala Ghanapur, Warangal District. ..... PETITIONER AND 1 The Thasildhar (MRO) Lingal Ghanapur, Jangaon, Warangal District. 2 Revenue Divisional Officer, Jangaon, Warangal District. 3 The Joint Collector, Warangal District, Warangal. 4 Ragam Ailaiah S/o. Pedda Mallaiah Manikyapuram Village, Lingala Ghanapur, Warangal District. 5 Choudarpally Buggaiah S/o.Ramaiah R/o. Manikyapuram Village, Lingala Ghanapur, Warangal District. .....RESPONDENT(S) 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 writ or direction more particularly one in nature of writ of Mandamus declaring the action of the respondent No.2 in canceling the pattadar Pass Book bearing No. 57112 to an ext. of Ac 2-18 Gnts situated at Manikyapuram Village of Lingal Ghanapur Warangal District through their proceedings No. RC No. 1/E/837/2007 dt. 10-9-2007 without due enquiry while pendency of the suit Proceedings is illegal, arbitrary and Unjust and set aside the same and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner to an extent of Ac 2-18Gnts situated at Manaikyapuram Village of Lingal Ghanapur Jangaon Warangal District and to pass such other just and appropriate orders in the matter. Counsel for the Petitioner:MR.K.GOVIND Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5464 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the second respondent in canceling the pattadar pass book of the petitioner in respect of land admeasuring Ac.2.18 guntas in Survey No. 543, Minikyapuram village, Lingal Ghanpur, Jangaon, Warangal vide proceedings dated 10.9.2007, as illegal and arbitrary. The petitioner claims that he is the absolute owner of the agricultural land admeasuring Ac.2.18 guntas in Survey No. 543, Minikyapuram village, Lingal Ghanpur, Jangaon, Warangal, the same having granted to him vide patta No.209 and is in peaceful possession and enjoyment of the same and eking out his livelihood by cultivating it. The petitioner alleges that on 23.4.2007, the respondents Nos. 4 and 5 along with others tried to interfere with his possession and questioning said action, he has filed a suit against them before the Senior Civil Judge, Jangaon wherein interim injunction in respect of Ac.0.28 guntas was only granted. Aggrieved by the said order, the petitioner preferred an appeal in C.M.A No. 34 of 2007 on the file of II Additional District Judge, Warangal and the same is pending. While so, the respondents 4 and 5 made a complaint to the Revenue Divisional Officer/second respondent, Jangaon to cancel the patta pass book issued to the petitioner and the same was registered as Case RC No.1/E/837/2007. On consideration of the matter, the second respondent passed orders dated 10.9.2007 canceling the patta granted to the petitioner and directing the first respondent to conduct an enquiry into the matter for determination of rightful owner as per sada sale deed dated 20.5.1958. Aggrieved by the said orders, the petitioner submitted a revision under Section 9 of the A.P. Rights in Land and Pattadar Pass Book Act, 1971 to the Joint Collector/third respondent and the third respondent issued proceedings dated 15.11.2007 requesting the first respondent to enquire into the matter personally and submit a detailed report. Now the grievance of the petitioner is that the first respondent is not conducting enquiry into the matter and postponing the same from time to time and taking advantage of the same, the respondent Nos. 4 and 5 are trying to interfere with his possession. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage. Pursuant to the orders passed by the Joint Collector dated 15.11.2007, the first respondent has issued notices to the concerned on 22.12.2007, directing them to attend to enquiry on 29.12.2007 and the matter is pending. Since the enquiry is pending, this Court is not inclined to interfere with the impugned order dated 10.9.2007 canceling the patta of the petitioner. However, the first respondent-Tahsildar, Lingal Ghanpur, Jangaon, Warangal is directed to expedite the enquiry proceedings and conclude the same at the earliest. With the above observation, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 14.3.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5464 of 2008 Date : 14.3.2008