IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.6795 of 2009 Between: Allareddy Ramana Reddy S/o.Venku Reddy, Panta Street, Atmakur S.P.S.R.Nellore District. ...PETITIONER AND 1 The Government of Andhra Pradesh,Rep.by its Deputy Secretary,Land Revenue, Secretariat, Hyderabad. 2 The District Collector, S.P.S.R.Nellore District. 3 The Mandal Revenue Officer, Atmakur S.P.S.R.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 an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not issuing notice to the petitioner in respect of the land of Ac.2.20 cents in Survey No.595 and 1904 at Nellore Palem village,Atmakur Mandal, Sri Potti Sriramulu Nellore district and trying to take the land divesting the possession of the petitioner contrary to the D-Form patta under which land in question was allotted on payment of consideration and inaction on part of the Government communicating any decision with regard to the construction of alternative business i.e. Srinivasa Raw and Boiled Rice Mill as illegal, arbitrary, and unconstitutional and consequently direct the respondents to communicate decision with regard to construction of alternative business i.e. Srinivasa Raw and Boiled Rice Mill in the place originally proposed Srinivasa Zinning Mill and not to dispossess the petitioner from the above land with in his possession and enjoyment in Ac.2.20 cents in Survey No.595 and 1904 at Nellore Palem village, Atmakur Mandal, Sri Potti Sriramulu Nellore District. Counsel for the Petitioner: MR.N.RAVI PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.6795 of 2009 ORDER: The petitioner was assigned an extent of Acs.2.20 cents in Survey Nos.595 and 1904 of Nellore Palem Village, Atmakur Mandal, Nellore District in the year 1986. With the permission accorded by the respondents, he has established a Cotton Ginning Mill. It is stated that since the area of cotton crop has fallen substantially, the petitioner intended to alter the existing industrial unit into Raw and Boiled Rice Mill. The application is said to be pending before the authorities concerned. His grievance is that respondents 2 and 3 are trying to take possession of the land, on the ground that industrial activity has ceased. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents. It is no doubt true that the land, over which the petitioner constructed Ginning Mill, was assigned by the Government. On finding that there is no potential for running the Ginning Mill at present, the petitioner has initiated steps for establishment of Rice Mill. The petitioner has to await the permission from various authorities. Therefore, it cannot be said that he has discontinued the use or possession over the land assigned to him. The Writ Petition is disposed of, directing the respondents not to evict the petitioner from the land assigned to him till the application made by him for according permission to establish Rice Mill over the land is disposed of. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 6th April 2009 RRB