THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.17018 of 2009 DATED: 18.08.2009 Between: Pabbathi Vijaya Prakash. .. Petitioner. And The District Collector, Chittoor, and others. .. Respondents. ORDER: Heard the learned counsel of the petitioner and the learned Government Pleader for Revenue appearing for the respondents. Petitioner claims to have applied to the Government for grant of patta based on his possession and enjoyment in respect of the land to an extent of Ac.2.70 cents in Sy.No.504/3 and Ac.2.75 cents in Sy.No.506/3 covered by old Paimash No.18 situated at Battamdoddi Revenue village, Peddapanjani Revenue Mandal, Chittor District (hereinafter referred to as ‘the subject land’) and, accordingly, the 3rd respondent, after conducting due enquiry, granted Dharakast Patta in respect of the subject lands on 30.04.1968. However, on 02.11.1970, a show cause notice was issued to the petitioner asking him to submit his explanation as to why the assignment made in his favour by the 3rd respondent vide orders dated 30.04.1968 shall not be cancelled for the reasons stated therein, for which the petitioner has sent an explanation denying the allegations made in the said show cause notice and, thereupon, further proceedings of resumption were dropped. Later, after a period of 17 years, a fresh show cause notice dated 30.01.1987 has been issued by the 3rd respondent stating that the petitioner does not belong to Battamdoddi village and he belongs to a rich community, apart from stating that the subject lands are required for Sericulture Department, and, as such, required the petitioner to submit his explanation as to why the patta granted in his favour shall not be cancelled. Pursuant thereto, proceedings dated 13.02.1987 are issued cancelling the assignment made in favour of the petitioner and resuming the subject lands to the Government with effect from F1396, and when the respondents proceeded to takeover the possession of the subject lands, the petitioner filed O.S.No.115 of 1987 on the file of the Court of the Principal Junior Civil Judge, Punganur, for grant of permanent injunction restraining the 1st and 3rd respondents herein, who are shown as defendants therein, their men and agents from in any way interfering with the petitioner’s peaceful possession and enjoyment of the subject property, and the learned Principal Junior Civil Judge, observing that the order dated 13.02.1987 was not duly served on the petitioner, that the cancellation orders are not acted upon and that the petitioner is in possession and enjoyment of the suit schedule property by the date of the suit, decreed the suit by judgment dated 26.03.2002 granting permanent injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the petitioner over the subject property except under due process of law. Thereafter, pursuant to the proceedings dated 13.02.1987 and in view of the judgment dated 26.03.2002 passed in O.S.No.115 of 1987, a show cause notice has been issued to the petitioner on 20.11.2007 requiring him to offer his explanation as to why he should not be removed from the subject lands. Upon submission of the explanation by the petitioner, the 3rd respondent passed orders dated 10.06.2008 to voluntarily surrender the subject lands, after removing any structures made by him and movables, if any, belonging to him lying in the subject lands, and empowering the Revenue Inspector, Battamdoddi, to resume the possession of the subject lands. Simultaneously, the 3rd respondent also issued notice under Section 7 of the Land Encroachment Act, alleging that the petitioner is in unlawful occupation of the subject lands and paying cist for the Government lands and, therefore, the petitioner is called upon to vacate the suit schedule property within 24 hours from the date of receipt of the notice. According to the petitioner, when the 3rd respondent, pursuant to the orders dated 10.06.2008 and the simultaneous notice dated 10.06.2008, started damaging the subject land, he filed the execution petition and the police aid petition before the executing Court in O.S.No.115 of 1987 and the same are pending. Be that as it may, the petitioner filed appeal before the 2nd respondent- Revenue Divisional Officer, Madanapalle, Chittoor District, against the orders of the 3rd respondent passed on 10.06.2008 and the same is pending. Hence, this writ petition. In the facts and circumstances of the case, without expressing any opinion on merits, the 2nd respondent-Revenue Divisional Officer, Madanapalle, Chittoor District, to directed to dispose of the appeal filed by the petitioner against the orders dated 10.06.2008 passed by the 3rd respondent, on its own merits as per law within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 18.08.2009 v v