IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No : 24023 of 1997 Between: 1 Alapati Krishna Murthy, S/o. Veerayya, R/o. Thimmayyapalem, Ungutur (M), West Godavari District. 2 Alapati Thirupathamma, W/o. A. Krishna Murthy, R/o. Thimmayyapalem, Ungutur (M), West Godavari District. ..... PETITIONERS AND 1 The Mandal Revenue officer, Ungutur Mandal, West Godavari Dist. 2 The Revenue Divisional Officer, Eluru Division, Eluru, West Godavari Dist. 3 The District Collector, Eluru, West Godavari Dist. 4. Karuturi Suseela, wife of late Karuturi Babu Rao, Agricultural Labour, resident of A.Gokavaram village, Ungutur Mandal, West Godavari District. 5. Taninki Venkateswara Rao, son of late T.Subba Rao, Agricultural Labour, resident of A.Gokavaram village, Ungutur Mandal, West Godavari District. 6. Jangam Nagamani, wife of J.Chandraiah, Agricultural Labour, resident of A.Gokavaram village, Ungutur Mandal, West Godavari District. 7. Chenu Damayanthi, wife of late Chenu Rama Rao, Agricultural Labour, resident of A.Gokavaram village, Ungutur Mandal, West Godavari District. 8. Akula Satyavathi, wife of late Sathaiah, resident of A.Gokavaram village, Ungutur Mandal, West Godavari District. 9. Edara Narasamma, wife of late Sri Venkatanarayana, resident of A.Gokavaram village, Ungutur Mandal, West Godavari 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 may be pleased to issue a writ order or direction, more particularly one in the nature of Writ Of Mandamus, directing the respondents not to issue pattas to any body including the persons claiming to have pattas on the land of the petitioners in Survey Nos. 447/25, 435/2C, 447/26, 435/2A, 435/2E, 447/48 of A.Gokavaram Village, Bhimadole Taluk, Ungutur (M), West Godavari District, or if the pattas were already issued to any body including the persons claiming to have pattas, to cancel the same forthwith. Counsel for the Petitioner : MR.N.GOPI CHAND Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24023 of 1997 ORDER: The petitioners in this writ Petition are questioning the action of the respondents in directing them to surrender their land admeasuring Ac.7.35 cents on the ground that they have purchased an extent of Ac.10.82 cents from one Peddi Reddy Seetharameswara Rao under an agreement of sale and registered sale deed in the year 1984 and 1985. Though the details of the said land as mentioned in the legal notice are mentioned in the affidavit, but, the details of the sale deed as well as survey number and the extent which compromises Ac.7.35 cents are not mentioned. Their main grievance is while suppressing the fact of the declaration filed by their vendor under the Land Ceiling Act, their vendor has sold the land admeasuring Ac.7.35 cents to the petitioners and when their vendor was declared as excess landholder, he sought to surrender the land that was sold to the petitioners. On the action of the authorities seeking to take possession of the said land, the petitioners have approached the primary tribunal and the L.C.C No.2298 ELR/75 filed by the petitioners was dismissed. Aggrieved by the same, they have preferred L.R. Appeal No.73 of 85 before the Land Reforms Appellate Tribunal and the same was also dismissed. Thereupon, the petitioners have preferred a revision in C.R.P.No.2822 of 1987 before this Court. After hearing all the parties, this Court allowed the said revision petition directing the Primary tribunal to issue notice to the legal representatives of the vendor of the petitioners, to surrender any land other than the one in question. In spite of that, the official respondents tried to assign the very same land of the petitioners to the beneficiaries. Questioning the said action, the present writ petition is filed by the petitioners. I have heard the learned counsel for the petitioners as well as the learned Government Pleader and the learned counsel for the impleaded petitioners-beneficiaries. Though several contentions are raised on either side by placing reliance under the provisions of section 17 of the Land Reforms Act, but they cannot be sustained in view of the fact that the order of this Court passed in C.R.P.No.2822 of 1987 dated 5-2- 1988 has become final. In view of the finality of the said order, it can be said that the land of the petitioners in question, cannot be made available to surrender to the same to the Government and apart from that, the only option that is left to the Government is only as mentioned in the order passed in C.R.P.2822 of 1987 whereunder, the official respondents are directed to issue notices to the legal representatives of the vendor of the plaintiffs, to take possession of the other land equivalent to the land in question. At this stage, it is brought to the notice of this Court by the learned counsel for the impleaded petitioners-beneficiaries that though pattas have been allotted to them even in the year 1995, but they are not put in possession of the respective patta lands and therefore, expeditious action of the official respondents is necessary in this regard in the ends of justice. In view of the order of this Court passed in C.R.P.2822 of 1987, which has become final, I am of the opinion that there is no other go for the official respondents except to give effect to the order passed in the above C.R.P and consequently, they cannot proceed against the land in question, which is ceased of in the above C.R.P. In these facts and circumstances of the case, respondents 1 to 3 are directed to give effect to the order passed in the above C.R.P within a period of three months from the date of receipt of a copy of this order. Subject to the above direction, this Writ Petition is allowed. No costs. ___________________________________ Justice VILAS V. AFZULPURKAR Dated 15th December, 2008. Note: Issue C.C. in one week. BO Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24023 of 1997 Dated 15th December, 2008.