IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18556 of 2008 Between: Dasari Prathyusha, W/o. Subba Rao, R/o. Chowta Bhimavaram Village, A.S. Pet Mandal, Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its District Collector (Assignments), Nellore, Sripotti Sreeramulu, Nellore District. 2 The Tahsildar, A.S. Pet Mandal, Sripottisreeramulu, Nellore District. ...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, order or direction, more particularly one in the nature of Writ of Mandamus, declare the inaction on the part of the 2nd respondent in considering the representation made by the petitioner dt. 4-7-2008, by protecting the interest of the petitioner from the hands of the 3rd parties for the land in S.No. 424/1 for an extent of Ac. 2.60 cents and 424/2 for an extent of Ac. 2.35 cents situated at Chowta Bhimavaram Village, A.S. Pet Mandal, Nellore District, amounts to erroneous, arbitrary and violative of Art. 14, 21 and 300(A) of constitution of India and consequently direct the 2nd respondent to consider the representation made by the petitioner and by protecting the interest of the petitioner from the hands of third parties for the above said lands. Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR ASSIGNMENT The Court made the following : ORDER: It is the case of the petitioner that pursuant to the representation made by her to assign government land, the 2nd respondent – Tahsidlar, A.S.Pet Mandal, Sripottisreeramulu Nellore District conducted enquiry and assigned dry land in an extent of Ac.2.60 cents in S.No.424/1 and an extent of Ac.2.35 cents in S.No.424/2 and since then she is in possession and enjoyment of the said land. While the matters stood thus, one Chinthapatla Subba Rao and his wife trespassed into her land on 2.12.2007 and caused damage to the crop and objected her from cultivating the land and again in the third week of June, 2008 they trespassed into her land. Therefore, she made a representation to the 2nd respondent – Tahsildar on 4.7.2008 requesting him to safeguard her land from third parties. The grievance of the petitioner is that so far the said representation is not disposed of by the respondent. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for ﬁnal disposal at the admission stage. Even according to the petitioner, she was assigned government land and was given possession of the land as long back as in the year 2004 and since then she is cultivating the lands by raising crops. If third parties are interfering with her possession without any authority, the remedy of the petitioner is to approach the competent civil court and obtain necessary orders and the Tahsildar cannot go and protect her lands from third parties. Hence the writ petition is devoid of merits and it is accordingly dismissed. However, the petitioner is at liberty to move the competent civil court and obtain necessary orders. N.V.RAMANA,J Dt.27.8.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep by its District Collector (Assignments), Nellore, Sripotti Sreeramulu, Nellore District. 2 The Tahsildar, A.S. Pet Mandal, Sripottisreeramulu, Nellore District. 3 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad. 4 2CD copies