IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 732 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 12.8.2003 in WP No.15164 of 2002 on the file of the High Court.) Between: P.Ramakrishna Raju son of Gurva Raju Tirumanyam Rajulakandriga, village Puttur Mandal, Chittoor Dist ..... APPELLANT AND 1 The Revenue Divisional Officer Tirupathi , Chittor Dist 2 The Mandal Revenue Officer ' Triupathi Rural Mandal, Tirupathi, chittoor Dist .....RESPONDENTS Counsel for the Appellant:MR.P.GANGA RAMI REDDY Counsel for the Respondents.: GP FOR REVENUE The Court made the following : HON'BLE SMT. JUSTICE T.MEENA KUMARI & HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO :732 of 2004 JUDGMENT: ( Per the Honourable Smt.Justice T.Meenakumari) Though the matter has been listed for hearing the interlocutory application, as both the Counsel agreed to hear the main writ appeal itself and dispose of the same, the writ appeal is taken up for hearing. Aggrieved by the Order passed in W.P.No.15164 of 2002 dated 12.8.2003, the writ petitioner-appellant has preferred this appeal. The appellant-writ petitioner ﬁled the above writ petition seeking to declare the action of the respondents in treating the land covered by Sy.No.234 to an extent of Ac.7.00 of land Tiruchanur village, Tirupathi Rural Mandal as Government Land and interfering with the possession and enjoyment of the petitioner over the said land, as illegal and arbitrary, and to direct the respondents not to interfere with the possession and enjoyment of the petitioner over the land in question and to return the original patta to the petitioner. It is the contention of the writ petitioner that the property was originally enjoyed by his father, who obtained a Saswatha Patta in 1940 from the Mahant of Sri Hathiramji Mutt and he inherited the same under a will dated 27.9.1970, and on 29.9.1980, the Inams Deputy Tahsildar, Chittoor, granted a patta in favour of the petitioner. In 1987, an attempt was made by the District Collector, Chittoor, to allot the land to the Women & Child Welfare Department. Aggrieved by the same, the petitioner ﬁled WPNO.5512 of 1988 before this Court and this Court having observed that unless and until the patta granted in favour of the petitioner is set aside after giving an opportunity to the petitioner, his right over the land cannot be interfered with, allowed the writ petition setting aside the proceedings of the District Collector, dated 16.2.1987. Therefore, now, the action of the respondents in treating the land in question as government land in the revenue records may not have any legal sanctity. On the other hand, the learned Government Pleader submitted before the learned Single Judge that inams enquiry was conducted in relation to Tiruchanur village in 1984 and there could not have been a patta in favour of the petitioner in September, 1980. While recording the submission of the learned Government Pleader, the learned Single Judge at the admission stage itself disposed of the writ petition giving liberty to the 1st respondent to initiate action after issuing notice to the petitioner and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of the order. Heard the learned Counsel and perused the material available on record. According to the learned Counsel for the petitioner- appellant that a notice was issued to him and because of pendency of the writ appeal, he could not ﬁle his reply. Hence, he ﬁled the WAMP No.1208 of 2008 seeking a direction to the respondents not to allot or transfer the land in question in favour of a third party, pending disposal of the writ appeal. In view of the fact that pursuant to the orders of this Court in the writ petition, a notice has been issued to the writ petitioner, without expressing any opinion on the merits of the case, we feel that it would suﬃce if a liberty is granted to the writ petitioner-appellant to submit his objections or reply to the notice issued by the respondents, if not already ﬁled, within a period of eight weeks from the date of receipt of a copy of this order. On ﬁling such objections, the respondents shall dispose of the matter, in accordance with law, within a period of three months thereafter, after aﬀording an opportunity of personal hearing to the petitioner. With the above observation, this writ appeal is dismissed. No order as to costs. _______________________ Justice T.Meenakumari ____________________________ Justice Ramesh Ranganathan Dated: 2.9.2008 Nn/gurc. HON'BLE SMT. JUSTICE T.MEENA KUMARI & HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 732 of 2004 (Judgment of the Division Bench delivered by the Honourable Smt.Justice T.Meenakumari) 2nd September, 2008