IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF SEPTEMBER, TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO : 21282 of 2010 Between: 1 Velagapalli Ranga Rao S/o Thirupathaiah 2 Narra Saojini W/o Anthoni 3 Kothuri Mariyamma W/o Venkateswara Rao 4 Velagapalli Magiraju S/o Chinnappa 5 Lankapalli Nageswaramma W/o Nageswara Rao 6 Mangalapati Kantha Rao S/o Daniel 7 Kothuri Kumari W/o Anjaneyulu 8 Kaki Prabhakara Rao S/o Suguna Rao 9 Mangalapati Rajaratnam S/o Daniel 10 Kothuru Raja Bharat S/o Anjaneyulu 11 Parimi Ramalakshmi S/o Nageswara Rao 12 Mangalapati Jyothi Kumar S/o Daniel 13 Suroju Manohar S/o Battibabu 14 Maddala Ramesh S/o Bushanam 15 Mangalapati Veeraiah S/o Daniel 16 Battu Kumari S/o Late Prakasa Rao 17 Kothuru Sujatha W/o Late Venkateswara Rao 18 Nettipidigi Venkataramaiah S/o Kotaiah ..... Petitioners AND 1 State of Andhra Pradesh, Rep by District Collector Krishna District at Machilipatnam 2 Revenue Divisional Officer, Nuzvid, Krishna District 3 Tahsildar, Bapulapadu Mandal, Krishna District 4 Perikeedu Gram Panchayat Rep by its Executive Authority cum Panchayat Secretary, Perikeedu Village Bapulapadu Mandal, Krishna 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in insisting the petitioners to vacate from the land in their occupation covered by survey number 487/1 of Perikeedu Village, Bapulapadu Mandal, Krishna District as illegal, irregular, Irrational, without jurisdiction, violative of principles of natural justice, Revenue Board Standing Order 15 and Articles 14 and 21 of Constitution of India and consequently direct the Respondents 1 to 3 to grant assignment for the respective lands in possession of the petitioners; The petition coming on for hearing, upon perusing the order of the High Court dated 27.08.2010 made herein and upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri Nimmagadda Satyanarayana, Advocate for the Petitioners, the Govt. Pleader for Revenue for the Respondents 1 to 3 and Sri M. Prabhakar Rao S.C. for the respondent No. 4, the Court made the following: ORDER: “From the material papers available on record, it appears, earlier, proceedings are initiated under the Land Encroachment Act, 1905 (for short ‘the Act’) in 1969, but from the written instructions produced before this Court by the learned Assistant Government Pleader for Revenue, it is clear that there is no indication of passing of any final order under the Act. In that view of the matter, the learned Assistant Government Pleader for Revenue to get instructions whether any final order is passed pursuant to initiation of proceedings under the Act. -2- Post after two (2) weeks. If the petitioners are in possession as on today, they shall not be evicted pending further orders.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The District Collector, Krishna District at Machilipatnam 2 The Revenue Divisional Officer, Nuzvid, Krishna District 3 Tahsildar, Bapulapadu Mandal, Krishna District 4 Executive Authority cum Panchayat Secretary, Perikeedu Gram Panchayat Perikeedu Village Bapulapadu Mandal, Krishna District ( 1 to 4 by RPAD) 5. Two CCs to the G.P. for Revenue, High court of A.P.Hyd. (O.UT) 6. One C.C.to Sri Nimmagadda Satyanarayana Advocate (OPUC) 7. One spare copy. H.A. HIGH COURT RSRJ DATED 03-09-2010 POST AFTER TWO WEEKS ORDER W.P.NO. 21282 OF 2010 DIRECTION Bsr Dt. 30-8-2010 HIGH COURT RSR.J DATED 27-08-2010 POST ON 3-09-2010 IN MOTION LIST. ORDER W.P.NO. 21282 OF 2010 DIRECTION