IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13352 of 2009 Between: Bura Narender Goud @ Bura Narender S/o. Ramaiah R/o. Bheemaram Village, Hasanparthy Madnal, Warangal District. ..... PETITIONER AND 1 The Government of A.P., Rep. by its Principal Secretary Secretariat Bldgs, Hyderabad. 2 The District Collector, Warangal. 3 The Mandal Revenue Officer ( Tahsildar ) Hasanparthy Mandal, Hasanparthy Village, Warangal. 4 Chetlapalli China Brahmaiah S/o. Narayana R/o. Bheemaram village, Hasanparthy Mandal, Warangal District. 5 Chetapalli Soundarya W/o. Rajamouli R/o. Lashkar Bazar Hanamkonda Warangal District. 6 Chetapalli Pushpaleela W/o. Omkar R/o. Lashkar Bazar Hanamkonda Warangal District. 7 Chetapalli Madhusudhan S/o. Rajamouli R/o. Gandhinagar Hanamkonda Warangal District. 8 Chetapalli Gnanender S/o. Late Rajamouli R/o. Bokkalagadda Hanamkonda Warangal District. 9 Chetlapalli Ravindra Chary S/o. Late Rajamouli R/o. Lashkar Bazar Hanamkonda Warangal District. 10 Kancharla Narahari S/o. LAte Venkatashivudu R/o. Bheemaram V, Hasanparthy M, Warangal District. 11 Kancharla Satyamma W/o. Late Sudhakar R/o. bheemaram Village, Hasanparthy Mandal, Warangal District. 12 Smt. A.Shoba R/o. Madikonda Village, Hanamkonda Mandal, Warangal District. 13 Kancherla Uma R/o. Bheemaram Village, Hasanparthy Madnal, Warangal District. 14 K.Parnachander S/o. Late Sudhakar R/o. bheemaram Village, Hasanparthy Mandal, Warangal District. 15 K.Tyagaraju S/o. Late Sudhakar R/o. bheemaram Village, Hasanparthy Mandal, Warangal District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any writ order or direction, particularly a writ in the nature of MANDAMUS declaring the action of the respondent Nos. 1 to 3 in not properly pursuing the proceedings in O.S.No. 414 of 2003 on the file of the learned III-Additional Senior Civil Judge ( FTC), Warangal as arbitrary, illegal, unjust and consequently direct the Respodent Nos. 1 to 3, particularly the Respondent No.3 ( i ) to take necessary steps to question the dismissal order dated 01.05.2009 passed in I.A.No. 157/2008 and also (ii) to pursue the proceedings hereafter diligently and property in O.S.No. 414/2003 on the file of the learned III-Additional Senior Civil Judge ( FTC), Warangal and pass Counsel for the Petitioner:MR.G.NARENDER RAJ Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: The writ petition is misconceived both on the conception of the grievance as well as the relief sought. The relief is: “declaring the action of the respondent Nos. 1 to 3 in not properly pursuing the proceedings in O.S.No. 414 of 2003 on the file of the learned III-Additional Senior Civil Judge (FTC), Warangal as arbitrary, illegal, unjust and consequently direct the Respondent Nos. 1 to 3, particularly the Respondent No.3, (i) to take necessary steps to question the dismissal order dated 01-05-2009 passed in I.A.No. 157/2008 and also (ii) to pursue the proceedings hereafter diligently and properly in O.S.No. 414/2003 on the file of the learned III-Additional Senior Civil Judge (FTC0, Warangal.” The petitioner claims to be the owner and pattadar of an extent of Ac.1-35 guntas in Bheemaram Village, Hanamkonda Mandal, Warangal District in Sy.No. 590 and to have obtained pattadar pass book and title deed under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the 1971 Act’) from the 3rd respondent in respect of the said property. Respondents 4 to 10, without any entitlement, earlier filed O.S.No. 520 of 1990 against the petitioner and others seeking injunctive relief in respect of the said property. The said suit was dismissed by the concerned court by the judgment and decree dated 31-12-1997. Undeterred, the respondents 4 to 10 are stated to have filed another suit O.S.No. 414 of 2003 on the file of the III-Additional Senior Civil Judge (FTC), Warangal against the petitioner (D-2) and the 3rd respondent (D-8) seeking declaration of title, invalidation of the pattadar pass book and title deed issued to the petitioner by the 3rd respondent in proceedings under the 1971 Act and for other incidental reliefs. The petitioner is apprehensive that the 3rd respondent would not properly defend the petitioner’s interest in the suit instituted by respondents 4 to 10. Hence this writ petition. This is a wholly misconceived grievance and a misdirected prayer for relief. The petitioner is a defendant in the suit and ought to pursue his own defences in the claim by respondents 4 to 10 in O.S.No. 414 of 2003 instead of filing this writ petition assuming negligent litigative strategies by respondent No.3. No case is made out for interference. The writ petition is accordingly dismissed at the stage of admission. No costs. ________________________ GODA RAGHURAM, J 7th July, 2009. GRR