THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.25577 OF 2008 Dated: 03.08.2009 Between: Busala Srinivas and another .. Petitioners And The District Collector, East Godavri District at Kakinada and others .. Respondents ORDER: This writ petition is filed questioning the proceedings dated 19.03.2008 issued by the 2nd respondent- Revenue Divisional Officer, Peddapuram, East Godavari District. Under the impugned proceedings dated 19.03.2008, permission was accorded in favour of the 4th respondent for conversion of the land in Sy.Nos.407/2, to an extent of 0.13 cents, Sy.No.408/2, to an extent of 0.42 cents, Sy.No.408/3B, to an extent of 0.95 cents and 408/3A, to an extent of Ac.1.60 cents, totally admeasuring Ac.3.10 cents, situated at Bendapudi Village, Thondangi Mandal of East Godavari District, from agricultural to non-agricultural purpose. The petitioners question the said proceedings on the ground that the land in Sy.No.408, to an extent of Ac.7.88 cents, was Government Konda Poramboke and the same was assigned to the members of the 2nd petitioner Society, belonging to Backward Class community, in the year 1979, by dividing it into small bits, and one Badam Sundar Rao fraudulently got the said land transferred in his name, by obtaining the signatures of those assignees on blank papers in the guise of procuring loans for them, and he appears to have sold the same to the 4th respondent, who applied for conversion of the same into non-agricultural purpose and got the permission under the impugned proceedings. The petitioners allege that soon after they came to know about the impugned proceedings, they approached the 2nd respondent, brought to his notice the aforesaid facts and requested him to rescind the impugned proceedings, but there is no response to their request and, on the other hand, the 4th respondent, along with the personnel of 3rd respondent, is trying to evict the members of the 2nd petitioner society from the land in Sy.No.408, in the guise of the impugned proceedings. The 2nd respondent filed a detailed counter-affidavit stating that the impugned proceedings were issued basing on the documentary evidence filed by the 4th respondent and the recommendations of the 3rd respondent- Tahsildar, Thondangi Mandal, but however, subsequently, after a lapse of seven months, one Yenugupalli Vijaya Kumar, President of Jaibheem Awareness Youth Association, Bendapudi Village, Thondangi Mandal, has issued a telegram to the 1st respondent on 16.10.2008, requesting to cancel the conversion certificate issued in favour of the 4th respondent, alleging that the land in Sy.No.408 is a Government Land and, without conducting any enquiry regarding the same, conversion certificate was issued in favour of the 4th respondent. It is further stated that, pursuant to the said telegram, an enquiry was initiated and notices were issued to respondents 3 and 4 for submission of relevant records and, after completion of enquiry, necessary action will be initiated against the responsible persons. In view of the aforesaid counter-averments, the official respondents are directed to complete the enquiry contemplated and take appropriate action, within a period of four months from the date of receipt of a copy of this order. Till such time, the impugned proceedings dated 19.03.2008 shall not be given effect to. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 3rd August, 2009. IBL