HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3867 of 2002 DATED:26.08.2009 Between: Mokkala Papakka @ Papamma and another .. Petitioner And The District Collector, Chittoor District and another .. Respondents HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3867 of 2002 ORDER: The two petitioners are owners of land admeasuring Acs.3.85 cents in Survey No.87/2 situated at Akkarampalli Village, Tirupathi Urban Mandal, Chittoor District. They stated that their father Mokkala Jayarami Reddy purchased a land from Smt.Nessanoor Peeramma under a registered sale deed dated 26.09.1981. The said vendor and her family were in possession of the property for more than four decades and Peeramma got the property under family settlement deed, dated 17.11.1970. When the petitioners’ father was alive, there was a threat of dispossession by one D.Krishna Reddy. He therefore, filed O.S.No.646 of 1983 on the file of the District Munsif Court, Tirupathi, and the same was decreed and confirmed by the appellate Court. After death of their father, petitioners succeeded to the property. Second respondent initiated action under the Andhra Pradesh Land Encroachment Act, 1905, (for short ‘Act’) and issued a notice under Section 7 thereof alleging that the land in Survey No.87/2 admeasuring Acs.3.85 cents is the Government land and the petitioners were asked to remove the encroachment and were also asked to submit explanation. Aggrieved by the same, the petitioners filed the instant writ petition after submitting their explanation through an advocate on 31.08.2001. Learned counsel for the petitioners’ after taking this Court through the history of the petitioners’ of title by their father and the title of their father’s vendor submits that when the land was purchased by their father, the Government cannot invoke the provisions of Act assuming that it is a Government land. This Court is not able to accept the submission. Even according to the petitioners, the land originally belonged to the family of Peeramma, who obtained Ryotwari patta in 1975. Peeramma got the property under registered settlement deed before alienating the same in favour of the petitioners’ father. In view of this, nothing prevented the petitioners to approach the Mandal Revenue Officer and place their case before him. This Court has no manner of doubt that the Mandal Revenue Officer shall take into consideration all aspects of the matter and also consider various registered sale deeds before passing any orders under Section 6 of the Act. Therefore, the writ petition is disposed of accordingly directing the Mandal Revenue Officer, Tirupathi Urban Mandal to dispose of the matter within a period of six weeks from the date of the receipt of a copy of this order after issuing notice. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 26.08.2009 KH