IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13816 of 2008 Between: 1 Sheik Masthan Baig, S/o. Hayath Baig, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 2 Endla Peda Sambiah, S/o. Venkata Raidu, R/o. Kanteru Village, Tadikonda Mandal, Guntur District. 3 Kanteti Brahmanandam, S/o. Gopala Krishna Murthy, R/o. Mylavaram Village, Krishna District. 4 Gandikota Veera Raghavulu, S/o. Bhaskar Rao, R/o. China Kakani Village, Mangalagiri Mandal, Guntur District. 5 Ala Peda Sambaiah, S/o. Seetaramaiah, R/o. Kaza Village, Mangalagiri Mandal, Guntur District. 6 Ala Nagaratnamma, W/o. Kotaiah, R/o. Kaza Village, Mangalagiri Mandal, Guntur District. 7 Vudata Sreerama Murthy, S/o. Venkata Chalapathi, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 8 Chennam Srinivasa Rao, S/o. Venmkata Swamy, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 9 Rompicherla Satya Prasad, S/o. Krishna Murthy, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 10 Manikyala Sunder Rao, S/o.Kotaiah, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 11 Jupally Ramachandra Rao, S/o. Pitchaiah, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 12 Tadiparthi Brahmananda Reddy, S/o. Koti Reddy, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 13 Meda Venkateswaralu, S/o. Ramaiah, R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 14 Budhati Nageswara Rao, S/o. Amara Lingam R/o. Nidamarru Village, Mangalagiri Mandal, Guntur District. 15 Garlapati Venkata Rama Mohan Rao, S/o. Rama Rao, R/o. Kaza Village, Mangalagiri Mandal, Guntur District. ..... PETITIONERS AND 1 State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Guntur District, Guntur. 3 Joint Collector, Guntur District, Guntur. 4 Tahsildar / Mandal Revenue Officer, Mangalagiri Mandal, Mangalagiri, Guntur Dist. 5 Tahsildar / Mandal Revenue Officer, Tadikonda Mandal, Guntur Dist. 6 Tahsildar / Mandal Revenue Officer, Pedakakani Mandal, Guntur Dist. 7 The Associated Cements Ltd., a company incorporated under provisions of Companies Act, 1956 haing its Registered Office at 121, Maharshi Karve Road, Mumbai-400020. 8 Director of Mines and Geology, Govt. of A.P., Hyderabad. 9 Assistant Director of Mines and Geology, Guntur, Guntur Dist. 10 Kranthi Kumar W/o. Ravi Babu R/o. Gandhi Bomma CEntre, Kasturibaipeta, Vijayawada. 11 Dasari Gandhi S/o. Late Samuel R/o. Hyderabad. 12 Gorremutchu Vijay Kumar S/o. G. Devadas R/o. Hyderabad. 13 Tummala Ravi Kumar S/o. Rama Rao R/o. Maruthi Colony, Patamata, Vijayawada. 14 Pinnamaneni Janardhana Rao S/o. Venkateswara Rao R/o. Kanakaiah Thopu, Penamaluru Mandal, Krishna District. 15 Kakarla Nageswara Rao S/o. Veera Raghavaiah R/o. Shanthi Nagar, Mogalrajapuram, Vijayawada. 16 Valluri Sanjeeva Rao S/o. Narasimha Murthy R/o. Bank Colony, Vijayawada, Krishna District. 17 Cherukuri Rambabu S/o. Raja Rao Suryaraopeta, Vijayawada. 18 Lingamaneni Prashanti W/o. Rajasekhar R/o. Lingamaneni Dream House, Gayatri Nagar, Vijayawada. 19 Pathuri Krishnaveni W/o. Radh Krishna R/o. Srinagar Colony, Ring Road, Vijayawada. 20 Gadde Srilakshmi W/o. Ravindra R/o. Pinnamaneni Poly Clinic Road, Municipal Employees Colony, Vijayawada. 21 Lingamaneni Sumana W/o. Ramesh R/o. Lingamaneni Dream House, Gayatri Nagar, Vijayawada. 22 Kaza Krishna Prasad S/o. Udayasankaram R/o. Ashok Nagar, Patamata, Vijayawada. 23 Thingbajjam Krishna S/o. Gunnamaneni Singh R/o. Hyderabad. 24 Lingamaneni Ramesh S/o. Poorna Bhaskar Rao R/o. Lingamaneni Dream House, Gayatri Nagar, Vijayawada. 25 C. Suresh S/o. C.S.S.Rao Kakani Village, Mangalagiri Mandal, Guntur District. .....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 any writ, order or direction, preferably a writ in the nature of Mandamus declaring the in action of the official respondents herein in not enquiring and passing orders in terms of the Notice bearing Rc.No.1084/2005/E3 dated 25.05.2006 issued by the 3rd respondent in respect of the petitioners agricultural lands as violative of Article 14 and 300-A of the Constitution of India, and consequently direct Respondent Nos. 10 to 23 not to make any constructions on the lands belonging to the petitioners namely: Petitioner No. Details of agricultural land in 1. Ac.1.00 cents in Sy.No.259 and Ac.2.91 cents in Survey Nos.269, Kaza Village, Mangalagiri Mandal, Guntur Dist. 2. Ac.3.80 cents in Sy.No.231 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 3. Ac.1.57 cents in Sy.No.236 of Kaza Vilalge, Mangalagiri Mandal, Guntur Dist. 4. Ac.1.34 cents in Sy.No.201 of China Kakani Village, Mangalagiri Mandal, Guntur Dist. 5. Ac.2.94 cents in Sy.No.228 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 6. Ac.1.43 cents in Sy.No.277 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 7. Ac.3.48 cents in Sy.No.277 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 8. Ac.0.50 cents in Sy.No.276 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 9. Ac.1.00 cents in Sy.No.276 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 10. Ac.1.00 cents in Sy.No.277 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 11. Ac.1.05 cents in Sy.No.276 of Nidamarru Village, Mangalagiri Mandalam, Guntur Dist. 12. Ac.3.54 cents in Sy.No.11-a of Nidamarru Village, Mangalagiri Mandalam, Guntru Dist. 13. Ac.0.99 cents in Sy.No.259 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 14. Ac.0.80 3/4 cents in Sy.No.256 of Kaza Village, Mangalagiri Mandal, Guntur Dist. 15. Ac.1.00 cents in Sy.No.267 of Kaza Village, Mangalagiri Mandal, Guntur Dist. and to pass such other and further orders Counsel for the Petitioners:MR.P.VENUGOPAL Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.13816 OF 2008 ORDER. This writ petition is filed questioning the inaction on the part of the official respondents in not enquiring and passing orders in terms of notice bearing Rc.No.1084/2005/E3 dated 25.5.2006 issued by the 3rd respondent – Joint Collector, Guntur. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and the learned Government Pleader for Industries and at their request the matter is taken up for final hearing at the admission stage itself. It is the case of the petitioners that they are the owners of the subject matter of lands and they leased out the said lands to one Associated Cements Limited, the 7th respondent herein and basing on the said leases, the company obtained mining leases. Subsequently, the company became sick and the government revoked all the mining leases that were granted to the 7th respondent company. Therefore, the petitioners made a representation to the Chief Minister of the State of Andhra Pradesh seeking restoration of their lands. Pursuant to the said representation, the 2nd respondent District Collector was directed to enquire into the said representation. The grievance of the petitioners is that so far no enquiry is conducted though notices were issued to them and on the other hand the 7th respondent company has alienated the said lands to the unofficial respondents who are now proceeding with the construction of houses in the said lands. Hence this writ petition. Pursuant to the notice issued by this Court on 7.7.2008, a counter affidavit is filed by respondents 1 to 6 inter alia stating that pursuant to the representation dated 5..2..2005 made by the President of Kaza Village, Abhivridhi Committee an enquiry was conducted after issuing notices to all the concerned and a final report was furnished to the government on 23.7.2008. A copy of the said report is also filed along with the counter affidavit. Since the enquiry as sought for by the petitioners is already conducted and a final report is submitted to the government, no further orders are required to be passed in this writ petition. It is accordingly disposed of. No costs. N.V.RAMANA,J Dt.11.8.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Guntur District, Guntur. 3 Joint Collector, Guntur District, Guntur. 4 Tahsildar / Mandal Revenue Officer, Mangalagiri Mandal, Mangalagiri, Guntur Dist. 5 Tahsildar / Mandal Revenue Officer, Tadikonda Mandal, Guntur Dist. 6 Tahsildar / Mandal Revenue Officer, Pedakakani Mandal, Guntur Dist. 7 The Associated Cements Ltd., a company incorporated under provisions of Companies Act, 1956 haing its Registered Office at 121, Maharshi Karve Road, Mumbai-400020. 8 Director of Mines and Geology, Govt. of A.P., Hyderabad. 9 Assistant Director of Mines and Geology, Guntur, Guntur Dist. 10 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad. 11 2CCs to Govt.Pleader for Mines & Geology, High Court of A.P. Hyderabad. 12 2CD copies