THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 1177 of 2008 Date:05-02-2008 Between: M/s. Shalini Steels Pvt.Ltd. Bollaram rep. by its Director Suresh Kumar Singhal .. PETITIONER AND The Govt. of A.P. rep. by its Principal Secretary, Revenue Department, Hyderabad and three others .. RESPONDENTS ORDER: The petitioner seeks a writ of mandamus to declare the order dated 14.03.2001 in Proceedings No.C/02/2000 of the Mandal Revenue Officer, Jinnaram madnal, Medak District, as confirmed by the Revenue Divisional Officer, Medak District in Appeal No.838/2001, dated 22.06.2005, as illegal and arbitrary. It is the case of the petitioner that the Mandal Revenue Officer, Jinnaram in Proceedings No.C/02/2000 dated 14.03.2001 passed orders under Section 6 of the A.P. Land Encroachment Act (for short “the Act”) directing the petitioner to vacate the Government Shikam land of Ac.2.25 guntas in Sy.No.173 of Bollaram village, Jinnaram mandal, Medak District. Aggrieved by the same, the petitioner filed an appeal before the Revenue Divisional Officer under Section 10 of the Act. The Revenue Divisional Officer by order dated 22.06.2005 in Proceedings No.D/838/2001 dismissed the said appeal stating that the said land is a government shikam land and the petitioner has encroached upon it. I am of the opinion that if the petitioner is disputing the action of the government and if he is claiming independent right and title over the land and in view of the nature of summary dispossession, the petitioner can either file a comprehensive civil suit for declaration of title or the government is entitled to exercise the revisional power under Section 12-A of the Act either suo motu or on an application to examine the records relating to the decision passed by the Mandal Revenue Officer as confirmed by the appellate authority. It is stated that the petitioner filed a revision, but the government failed to exercise its power of revision. But, it is not the prayer of the petitioner to direct the government to exercise its power of revision. But, the prayer of the petitioner is only questioning the impugned orders passed by the Mandal Revenue Officer as confirmed by the Revenue Divisional Officer. It is stated that the petitioner filed a revision before the Collector and the said revision has been received and pending in File No.F3/2/Land Encro/2008 under Section 12-A (2) of the Act. The learned Government Pleader appearing for the respondents also confirms about the pendency of the said proceedings in File No.F3/2/Land Encro/2008 under Section 12-A (2) of the Act. I am not inclined to express any opinion as to whether the Collector can exercise his powers under Section 12-A (2) of the Act. But, however, any proceeding in File No.F3/2/Land Encro/2008 under Section 12-A(2) of the Act is pending on the file of the Collector, Medak, a direction can be given by this Court to dispose of the same. Accordingly, the writ petition is disposed of directing the Collector, Medak to dispose of the proceedings said to have been pending in File No.F3/2/Land Encro/2008 under Section 12-A (2) of the Act as to whether he has got any power to call for the records and decide the issue in the matter, in accordance with law. But, the relief prayed in this writ petition cannot be granted as the said disputes of fact cannot be decided in the writ petition as against the aforesaid orders holding that the land is a government shikam land. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:05.02.2008 Ccm