IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30715 of 2010 Between: Smt. Binkam Saraswathi & others. ..... Petitioners AND The Collector & District Magistrate, Ongole, Prakasam District & others. .....Respondents Counsel for the petitioners : Ms. A. Pallavi for Smt. A. Varalakshmi Counsel for respondents 1-3: AGP for Revenue The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30715 of 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent No.3 in seeking to dispossess the petitioners from their possession and enjoyment of house sites bearing Plot Nos. 1to 3 comprised in Sy.No.94/12 of Lingasamudram Village and Mandal, Prakasam District with the help of respondent No.4 contrary to the order dated 31.05.2010 passed by a Division Bench of this Court in Writ Appeal No.386 of 2010 as illegal and arbitrary. The petitioners sought for a direction to respondent Nos.3 and 4 not to take any coercive steps till disposal of O.S.No.183 of 2010. I have heard Ms. A. Pallavi representing Smt. A.Varalakshmi, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for respondent Nos.1 to 3. The facts, which are not in dispute, are that the pattas granted in favour of the petitioners were cancelled by respondent No.2 by order dated 23.02.2006. With the intervention of this Court in Writ Petition No.7647 of 2006, the orders of cancellation of pattas were set aside and respondent No.2 was directed to pass fresh orders, after giving notices to the petitioners. Accordingly, respondent No.2, after following the procedure, has cancelled the house site pattas under his order dated 26.12.2007. The petitioners filed an appeal before the Chief Commissioner of Land Administration, which was dismissed by order dated 02.05.2009. The petitioners filed Writ Petition No.11928 of 2009, while the wife of the person at whose instance the pattas were cancelled filed Writ Petition No.1347 of 2010. Both the writ petitions were dismissed by this Court by order dated 15.03.2010. Writ Appeal No.386 of 2010 filed by the petitioners is also dismissed with the direction that status quo for a period of two weeks in respect of the property in dispute shall be maintained to enable the petitioners to approach the appropriate forum. Taking a cue from the observations of the Division Bench, the petitioners have filed O.S.No.183 of 2010 in the Court of the Principal Junior Civil Judge, Kandukur for permanent injunction and also filed I.A.No.1587 of 2010 for grant of ad interim injunction restraining the revenue officials from interfering with their possession of the property. While the said I.A. is pending, respondent No.3 is alleged to have taken the assistance of respondent No.4 to dispossess the petitioners. The learned counsel for the petitioners has submitted that when the suit filed by her clients is pending, it is not permissible for respondent No.3 to dispossess them. In my opinion, when the petitioners have lost the litigation before the revenue hierarchical authorities and in the absence of any order passed by the competent Court, respondent No.3 is entitled to recover possession. Keeping aside the issue as to whether a suit questioning the order of cancellation of patta can be maintained, the fact remains that no order has been passed in the said suit restraining the respondents from taking possession of the land. Therefore, I do not find any illegality in respondent No.3 seeking to take possession. The petitioners, having already availed a remedy of civil suit, are entitled to pursue the same and the interim applications, if any filed in the said suit. On the facts of this case, the petitioners are not entitled to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the Writ Petition, WPMP.No.39090 of 2010 filed by the petitioners for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 07.12.2010 ES