HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13521 of 2010 Dated: 02-08-2010 Between: Kutcherlapati Narayana Raju & another. … Petitioners And The Joint Collector & Settlement Officer, Visakhapatnam & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13521 of 2010 ORDER: Heard learned counsel for petitioners and the learned Government Pleader appearing for respondents. In this writ petition, the petitioners seek for directions by way of Mandamus, declaring the inaction on the part of respondents in numbering and passing orders on the petition filed under Section 5 of the Limitation Act, in R.C.No.1233/2005/F2/2005, dated 27.09.2008, and the further action of respondent No.2 in attempting to dispossess the petitioners from the land admeasuring Ac.5-24 cents in R.S.No.83/3 of Narapadu village in Sabbavaram Mandal of Visakhapatnam District, as arbitrary and illegal. The petitioners filed an application before respondent No.1 under Section 11 (a) of the A. P. (Andhra Area) Estates (Abolition and Conversion into Rythwari) Act, 1948, for grant of rythwari patta. On earlier occasion, orders were passed by the Joint Collector-cum-Settlement Officer on 20th December 2005, by which, the claim of the petitioners for grant of rythwari patta, was rejected. The same was questioned before the Commissioner and Director of Settlements, Hyderabad, by way of revision under Section 5(2) of the Act. The revisional authority, by an order, dated 6th of October, 2007, has remanded the matter to the Settlement Officer by permitting the petitioners herein to file an application for condonation of delay in claiming rythwari patta. In this writ petition, it is the grievance of the petitioners that inspite of such a direction by the Commissioner and Director of Settlements, granted in the order, dated 6th of October 2007, issued in R.P.No.1/2006 (A2), and inspite of filing an application to condone the delay by the petitioners on 27.09.2008, respondents have not taken up any inquiry, but on the other hand, they are trying to interfere with the possession of petitioners over the land in question. Based on the instructions, dated 28.07.2010, issued in Rc.No.315/2010/A, it is submitted by the learned Government Pleader appearing for respondents that after filing of application for condonation of delay by the petitioners, the matter is already taken up for inquiry by the Settlement Officer/Joint Collector, and the matter is posted to 04.09.2010 for inquiry, and the notices in this regard are being sent to the writ petitioners also. As regards the possession of the petitioners, it is stated that they were instructed not to cut the casuarinas tope until disposal of the case, as much as the right over the land is not yet established. In view of the statement made by the learned Government Pleader that the matter is posted to 04.09.2010 for inquiry, I deem it appropriate to dispose of the writ petition with a direction to the 1st respondent to consider the application filed by the petitioners for condonation of delay in the light of the directions issued by the Director of Settlement in the order, dated 6th of October 2007, and pass appropriate orders as expeditiously as possible, preferably within a period of two months from today. Further, there shall be a direction not to take any steps for eviction of petitioners till their claim over the land in question is decided and appropriate final orders are passed. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 2nd August 2010 ajr