THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.30454 of 2010 Date : 6-12-2010 Between : Rekadi Nooka Ratnam and others .. Petitioners and The State of Andhra Pradesh, represented by its Principal Secretary to Government, Revenue Department, Hyderabad and others .. Respondents Counsel for petitioners : Sri J.Rama Mohana Rao Counsel for respondents : Assistant Government Pleader for Revenue The Court made the following : ORDER: The petitioners who claim to have been granted D.K.T. pattas in the year 1991, filed the present Writ Petition for a mandamus to declare the inaction of respondent Nos.2 to 4 in considering their representations for protecting their lawful possession from respondent No.5, as illegal and arbitrary. From the averments made by the petitioners in their affidavit, it is evident that respondent No.5 has obtained an exparte decree in the year 1989 and that in execution of the same, he has filed E.A.No.540/2010 in the court of I Additional Junior Civil Judge, Kakinada for recovery of possession. When attempts were made to dispossess the petitioners, they are stated to have approached respondent Nos.2 to 4 with representations. On the facts pleaded by the petitioners, I find this Writ Petition as wholly misconceived. When respondent No.5 is seeking to execute the decree of a competent civil court by removing the petitioners from possession, the only appropriate remedy for the petitioners is to move the civil court in which the execution petition is pending by filing claim petitions under Order 21 Rule 97 of the Code of Civil Procedure, 1908. Instead of availing the said remedy, the petitioners are stated to have approached respondent Nos.2 to 4 who have neither power nor jurisdiction to resist the decree of a civil court. In this view of the matter, the Writ Petition is dismissed with liberty to the petitioners to avail appropriate remedy as noted above. As a sequel to dismissal of the Writ Petition, WPMP No.38794/2010 is disposed of as infructuous. ________________________ Justice C.V.Nagarjuna Reddy Date : 6-12-2010 AM