IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 2709 of 2008 Between: 1 Sarvabhotla Venkata Subrahmanya Ravi Kumar, S/o. Adiseshaiah, r/o. Chimakurthi Vill. & Mandal, Prakasam District. 2 Sarvabhatla Siva Rama Sarma, S/o. Ramana Sarma, R/o. Chimakurthi Village, Gudur Mandal, Nelloe District. 3 Sarvabhotla Venkata Subrahmanya Siva Kumar, S/o. Adiseshaiah, R/o. Skyland Apartments, Near NIPPO Factory, Nellore City, Nellore District. (Petitioners 3 to 14, Rep. by GPA Holders Petitioners 1 and 2) 4 Sarvabhotla Sunil Kumar, S/o. Adiseshaiah, R/o. Podalakur Village and Mandal, Nellore District. 5 Sarvabhotla Santharam, S/o. Ramana Sarma, R/o. D.O.S. Colony, Sullurpet Town and Mandal, Nellore District. 6 Sarvabhotla Vasuntha Lakshmi, W/o. Vijaya Rama Sarma, R/o. Saraswathi Nagar, A.C. Nagar, Nellore, Nellore District. 7 Sarvabhotla Venkata Seshaiah, S/o. Radha Krishnaiah, R/o. Madananuru Village, Manubolu Mandal, Nellore District. 8 Sarvabhotla Murali Mohan, S/o. Radha Krishnaiah, R/o. Bujabuja Nellore Village, Nellore Rural Mandal, Nellore District. 9 Sarvabhatla Lakshmana Prasad, S/o. Ananthaiah, R/o. Aditya Apartments, Ayodhya Nagar, Vijayawada, Krishna District. 10 Sarvabhatla Maruthi Mahipal, S/o. Ananthaiah, R/o. Kallurupalli Village, Nellore Rual Mandal, Nellore District. 11 Sarvabhatla Giidhara gopal, S/o. Ananthaiah, R/o. Balaji Nagar, Nellore, Nellore District. 12 Sarvabhatla Lakshmaiah, S/o. Satyanarayana, R/o. Balaji Nagar, Nellore, Nellore District. 13 Sarvabhotla Krishna Prasad, S/o. Satyanarayana, R/o. Balaji Nagar, Nellore, Nellore District. 14 Sarvabhotla Jaya Lakshmi, W/o. Papayya Sastri, R/o. Haranathapuram, Nellore, Nellore District. ..... PETITIONERS AND 1 Joint Collector, Nellore District, Nellore . 2 Revenue Divisional Officer Nellore Division, Nellore. 3 Mandal Revenue Officer, Nellore Rural Mandal, Nellore. 4 Tahsildar, Nellore District Nellore. .....RESPONDENTS 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 issue a writ of mandamus or any other appropriate writ order or direction declaring that the inaction on behalf of the respondents herein in not completing the enquiry under Section 3 of A.P. Inam (Abolition and Conversion into Ryothwari Pattas ) Act, 1956 in pursuance of Rc.B-1319/94 in respect of Ac 36-70 cents in Sy.No. 141/1 T.D No. 546 and also Ac 5-26 cents in Sy.No. 141/3 in T.D. 546 as illegal, arbitrary and unjust and pass such othe order or orders as this Hon'ble Court deems fit and proper. Counsel for the Petitioners: MR.M.V.S.SURESH KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioners seek a writ of mandamus declaring the inaction of the respondents in not completing the enquiry under Section 3 of A.P. Inams (Abolition & Conversion into Ryothwari Pattas) Act, 1956 (for short “the Act”) in pursuance of Rc.B-1319/94 in respect of lands in an extent of Ac.36-70 cents Sy.No.141/1, and also Ac.5-26 cents in Sy.No.141/3, as illegal and arbitrary. It is the case of the petitioners that Kanuparthipadu village is an inam village and they are entitled for ryothwari pattas in respect of the lands in an extent of Ac.36-70 cents in Sy.No.141/1, T.D.No.546 and also Ac.5-26 cents in Sy.No.141/3 in T.D.No.546, which are classified as inam pattas and some of the lands have been sold by them, they being the inamdars and the purchasers have filed an application for grant of ryothwari pattas and accordingly, the Tahsildar, Nellore Mandal issued notices in Rc.B.1319/94 in Form No.I under Section 3 of the Act read with rules made thereunder calling upon to appear on 17.05.2007 and accordingly, objections have been filed by the petitioners through their counsel even prior to the issuance of the said notice. It is stated that the said enquiry has not been completed. Learned Government Pleader appearing for the respondents submits that Sarvabhotla Venkata Subrahmanya Ravi Kumar and 13 others said to have been sold the property in favour of Talamanchi Venkata Ramana Reddy and Yanamala Ramanamma vide document No.2212 dated 21.07.1958 and as the inamdars sold an extent of Ac.36.86 cents in Kanuparthipadu village including an extent of Ac.20.98 cents in Sy.Nos.141-1 and 141-3 of Kanuparthipadu village in favour of Dega Seshu Reddy and the record shows that the lands were under the cultivation and enjoyment of the purchasers and after enquiry the Inam Tahsildar passed orders in Proceedings Rc.B.1319/94, dated 23.08.2007 and the notification in Form No.II was published in the village on 25.08.2007 and in all conspicuous places and further Form No.V notice was also issued on 25.10.2007 and the ryotwari pattas were issued in prescribed form No.VIII for the above said lands on 07.12.2007. The only grievance of the petitioners is that the enquiry has not been completed. But, the learned Government Pleader submits that the enquiry has been completed and ryotwari pattas have been also granted. That being so, I am of the opinion the cause of action in the writ petition does not survive and the same is liable to be dismissed. Accordingly, the writ petition is dismissed with liberty to obtain the orders passed by the Tahsildar and question the same before the appropriate authority. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:19.02.2008 Ccm To To 1.CCS 2.CDs