IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V. RAMULU WRIT PETITION NO : 19410 of 2009 Between: Golla Vasudeva Rao ..... PETITIONER AND The District Collector, Pottisreeramulu Nellore District and three others. .....RESPONDENT(S) HONOURABLE SRI JUSTICE C.V. RAMULU W.P.No.19410 of 2009 ORDER: This writ petition is filed seeking Mandamus to declare the action of the respondents 1 to 3 in not taking action against the 4th respondent for his high handed acts of grabbing petitioner’s government assignment land to an extent of Ac.4.00 guntas in Sy No.14/5, situated at Jayampu village, Balayapalli Mandal, P.S. Nellore, as arbitrary and illegal and violative of Articles 14, 21 and 300 (A) of the Constitution of India and consequently, direct the respondents to restore the petitioner into the possession of the said land. 2. According to the petitioner, his grand father Bondala Venkata Swamy was granted assignment patta in an extent of Ac.4.00 cents of land in Sy. No.14/5 Jayampu village, Balayapalli Mandal, Nellore District. The name of the petitioner’s grandfather was also shown in the possessors’ column of the pahanis. The father of the petitioner appears to have gone on illitum to the family of Bondala Venkata Swamy, and after the death of his grandfather and father, the petitioner has inherited the said land. While that being so, the 4th respondent, who is also holding an assignment patta to the land adjacent to the petitioner’s land in Sy. No.14/2, has trespassed into the petitioner’s land and dug a bore well. Therefore, the petitioner made several representations to the respondents to take action against the 4th respondent. But there was no response from the respondents. Later, the petitioner also made two representations; dated 10-06-2009 to the 3rd respondent-Tahsildar, Balayampalli Mandal, to issue Form 10 (1) adangal in his name, and dated 22-06-2009, to the 1st respondent-District Collector, Nellore, to issue pattedar passbook, in respect of the subject land, in his name, and the copies of the same were also addressed to the Joint Collector, Nellore, 2nd respondent-Revenue Divisional Officer, Gudur and the 3rd respondent-Tahsildar, Balayapalli Mandal, but till date, no action has been taken by the respondents. Aggrieved by the same, he approached this Court by filing the present writ petition. 3. T h e material placed before this court shows that the representations made by the petitioner were pending consideration before the respondents. Hence, the respondents 1 to 3 are bound to make the necessary enquiry into the allegations made by the petitioner. 4. Under those circumstances, without expressing any opinion on merits of the case, I deem it appropriate to dispose of the writ petition directing the 2nd respondent-Revenue Divisional Officer, Gudur, to conduct a detailed enquiry into the matter after issuing notice to the 4th respondent and take an appropriate decision within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 5. With the aforementioned direction, the writ petition is disposed of. There shall be no order as to costs. ________________________ 14th September 2009 Note: Issue C.C. in one week. B/o. KVR