IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.19505 of 2009 Between: Alapati Krishna Murthy & others. ..... Petitioners AND The State of A.P., rep., by its Secretary, Secretariat, Hyderabad & others. .....Respondents Counsel for the petitioners : Sri K. Narsi Reddy Counsel for respondents 1-4: AGP for Revenue The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.19505 of 2009 ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in seeking to interfere with the possession of the petitioners’ land admeasuring Ac.10.82 cents in various survey numbers of Akkupally Gokavaram Village, Unguturu Mandal, West Godavari District, as illegal and arbitrary. I have heard Sri K. Narsi Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue representing respondent Nos.1 to 4. The petitioners have purchased certain land from their original owners. The said land was earlier declared as surplus under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short, “the Act”) and that the surplus land was allotted to Smt. Karuturi Suseela and six others. The orders of the primary and appellate Tribunals were reversed in CRP.No.2822 of 1987 filed by the predecessor-in-title of the petitioners. As a result of the said order of this Court, the petitioners’ vendors are entitled to re-conveyance of Ac.7.35 cents. When the said land was sought to be re-conveyed after cancelling the pattas, the said Karuturi Suseela and others filed Writ Petition No.24023 of 1997, which was dismissed by this Court. Writ Appeal No.53 of 2009 filed against the said order was dismissed by a Division Bench of this Court of which I am a party by order dated 29.01.2009, wherein while confirming the order of the learned Single Judge, the Division Bench permitted the appellants therein to make a representation to respondent Nos.2 and 4 to consider granting of ‘D’ Form pattas, if the appellants were in possession of the land in excess of Ac.7.35 cents. In order to give effect to the said order, respondent Nos.2 to 4 have examined the issue and found that the petitioners are in possession of Ac.10.82 cents as against Ac.7.35 cents of land, which was re-conveyed through their vendors. Therefore, when the respondents sought to take possession of the said excess land over and above Ac.7.35 cents, the petitioners filed the present writ petition. At the hearing, Sri K. Narsi Reddy, learned counsel for the petitioners, fairly conceded that being the purchasers from the original land owners, the petitioners are entitled to be in possession of Ac.7.35 cents. Learned Assistant Government Pleader for Revenue submitted that to effectuate the order passed by this Court in the abovementioned writ appeal, respondent No.4 has demanded the petitioners to deliver vacant possession of the land, which is in their possession in excess of Ac.7.35 cents. In the light of the above facts, the writ petition is disposed of by permitting the petitioners to retain the extent of Ac.7.35 cents and the respondents are directed to take possession of the balance land in possession of the petitioners in excess of the said Ac.7.35 cents for distribution to the eligible persons under the provisions of the Act. As a sequel to disposal of the writ petition, WPMP.No.25469 of 2009 and WVMP.Nos.391 and 4299 of 2010 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 29.09.2010 ES