IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16749 of 2008 Between: 1 Nagam Venkata Subbaiah Naidu, S/o. Subbaiah Naidu, r/o. Yachavaram Village and Post, Balayapalli Mandal, Nellore District. 2 Smt. Nagam Parvathi, W38/o. Subbaiah Naidu, r/o. Yachavaram Village and Post, Balayapalli Mandal, Nellore District. ..... PETITIONERS AND 1 The State of A.P. Rep by its District Collector, Nellore District. 2 The Tahsildar, Ballaiahpalli Mandal, Sri Pottisriramulu, Nellore District. 3 Sri Lekkala Prasad, S/o. Late Krishnama Naidu, R/o. Balayapalli Mandal, Sri Pottisriramulu, Nellore District. 4 Talluri Papa Rao, S/o. Late T. Ramanaidu, Balayapalli Mandal, Sri Pottisriramulu, Nellore 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 an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, declaring the inaction of Respondent No. 2 in not conducting the enquiry directed to be conducted by the 1st respondent and in not removing the obstruction set up on the Government property, thus in its wake blocking ingress and egress to our ﬁelds in Sy.Nos. 137/15, 140/2 and 140/3 of Yachavaram Village, Balaipalli Mandal, Sri Potti Sreeramulu Nellore District, as being illegal arbitrary and high handed, apart from being violative of our fundamental and constitutional rights guaranteed under Articles 14, 21 and 300-A of the constitution of India, as well as a catena of judicial precedents laid down by this Hon'ble Court and the Hon'ble Supreme Court of India, and consequentially direct the respondents to conduct the enquiry into the issue of the respondents 3 and 4 trespassing upon the public property and blocking our ingress and egress to our above referred fields in the interest of justice. Counsel for the Petitioners:MR.D.SESHADRI NAIDU Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition has been ﬁled questioning the inaction of the 2nd respondent-Tahsildar, Ballaiahpalli Mandal, Sri Pottisriramulu Nellore District, in conducting the enquiry, as directed to be conducted by the 1st respondent-District Collector, into the issue of respondent Nos.3 and 4 trespassing into the public property, and thereby obstructing the passage of the villagers and the petitioners to their fields in Sy.Nos.137/15, 140/2 and 140/3 of Yachavaram village, Balaipalli Mandal, Sri Potti Sreeramulu Nellore District, as arbitrary and illegal. 2. This Court, on 01.08.2008, granted a week’s time to the learned Assistant Government Pleader for Revenue to get instructions in the matter, and thereafter, it was adjourned on three occasions. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Revenue submits that the 2nd respondent, as per the directions of the 1st respondent, has conducted an enquiry and passed an order vide proceedings in Rc.B.238/2008, dated 07.08.2008. A copy of the letter, dated 09.08.2008, addressed by the 2nd respondent to the learned Government Pleader for Revenue, to that eﬀect has been placed on record. 4. In view of the submission made by the learned Assistant Government Pleader for Revenue, no further orders need be passed in this writ petition. 5. Accordingly, the writ petition is closed. No costs. ______________ N.V.RAMANA,J 19th August, 2008 MSV/ v v