THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8882 OF 2002 DATED:14.06.2010 Between: Kundrapu Demudu and others .. Petitioners And The Mandal Revenue Officer, Paravada, Visakhapatnam District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8882 of 2002 ORDER: The petitioners are residents of Cheepurupalli Village, Paravada Mandal, Visakhapatnam District. They filed the instant Writ Petition seeking a writ of Mandamus declaring the action of respondent Nos.1 and 2 in interfering with their possession and enjoyment of land admeasuring Acs.35.00 comprised in Survey No.321 in Cheepurupalli Village, Paravada Mandal, Visakhapatnam, and further that the action on the part of the third respondent in not taking the action against respondent Nos.4 and 5, as illegal and arbitrary. The petitioners allege that late Appanna, (father of petitioner Nos.1, 2 and 5) purchased the land to an extent of Acs.26.00 under five registered sale deeds dated 15.11.1977 and another extent of Acs.9.00 from Smt. B.Annapurnamma. The land is comprised in Survey No.321/1. They alleged that their vendor Smt.B.Annapurnamma got 1/6th share out of total extent of Acs.208.00 in a family partition. When respondent Nos.4 and 5 tried to interfere with his possession, Appanna statedly had filed O.S.No.45 of 2005 on the file of the Court of the Subordinate Judge at Anakapalle, for permanent injunction. The said Court passed an order of status quo in I.A.No.193 of 1995 dated 27.04.1995. It is their further case that in spite of the status quo order, respondent Nos.4 and 5 tried to interfere with the possession of the petitioners and at their behest respondent Nos.1 and 2 are also making attempts to dispossess the petitioners. They allege that the third respondent has not taken any action on the complaint filed by them. The first respondent filed counter affidavit denying the petition averments and opposing the Writ Petition. It is stated that the land admeasuring Acs.148.00 in Survey No.321/1 (Patta No.948) is registered in the revenue records as Government dry land to be in occupation of Mandapati Ramamurthy Raju and three others. An extent of Acs.60.00 in Survey No.321/2 (Patta No.1433) stands in the name of Chapala Danayya and 23 others. The property has not been sub-divided separately and no pattedar pass book is issued as there is title dispute. The names of occupants in 10(1) Adangal have not been altered and no steps are being taken to remove the names which are existing in the Adangal. The allegation that respondent Nos.1 and 2 are trying to interfere with the possession. The alleged possession of the petitioners at the behest of the contesting respondents is denied. The petitioners have not filed any reply affidavit denying the counter averments. They have not placed any material to show their case. Further, an allegation is made in the counter affidavit of the first respondent that an extent of Acs.44.00 was acquired by the National Thermal Power Corporation authorities and necessary changes were incorporated reducing proportionate extent from the holding of Mandapati Ramamurthy Raju and Chapala Danayya. The allegation remained uncontroverted. Therefore, this Court observes that the Writ Petition is filed with allegations which are not true. If the petitioners are in possession of the Government land, the respondents have to take necessary action in accordance with law. The Writ Petition, with the above observation, is disposed of. No order as to costs. ______________ (V.V.S. RAO, J) 14.06.2010 KH