IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 10036 of 2008 Between: 1 Mohd. Aziz Hassan, S/o. Late Mohd. Abdul Jabbar, R/o. H.No.17-1-175/154, Nehru Nagar, Rein Bazar, Hyderabad. 2 Mohd. Afzal Hassan, S/o. Late Hassan Abdullah R/o. H.No.17-1-175/154, Nehru Nagar, Rein Bazar, Hyderabad. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Revenue Department, rep. by District collector, Warangal District. 2 Revenue Divisional Officer, Jangoan, Warangal District. 3 Tahasildhar, Raghunathpally Mandal, Warangal District. 4 T. Rajamamma, W/o. T. Komraiah R/o. Komalla (V), Raghunathpally Mandal, Warangal District. 5 T. Yadaiah R/o. Komalla (V), Raghunathpally Mandal, Warangal District. 6 T. Gataiah R/o. Komalla (V), Raghunathpally Mandal, Warangal District. 7 T. Komraiah R/o. Komalla (V), Raghunathpally Mandal, Warangal District. 8 Pendi Buchaiah R/o. Komalla (V), Raghunathpally Mandal, Warangal District. 9 Vaditham Ramaiah R/o. Komalla (V), Raghunathpally Mandal, Warangal District. 10 S.H.O., Raghunathpally Mandal, Warangal District. .....RESPONDENT(S) 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 to issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in mutating the names of Respondents No. 4 to 9 in respect of the petitioners land to an extent of Ac.12-00 in Sy. No.396 situated at Komalla (Village) Raghunathpally (Mandal) Warangal District without conducting any proceedings in ROR Act is illegal, arbitrary and against the principles of natural justice and consequently direct the Respondents No. 4 to 9 not ot interfere with the peaceful posseession of the Petitioners over the land to an extent of Ac.12-00 in Sy. No.396 situated at Komalla (Village) Raghunathpally (Mandal) Warangal District by suspending the entries of names of the Respondents No. 4 to 9 in revenue records and pass Counsel for the Petitioner:MR.P.GIRI KRISHNA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 10036 of 2008 Order: The petitioners state that their fathers were joint owners of the agriculture land situated in Survey Nos. 6, 7, 8, 101, 106, 107, 128, 247 and 396 situated at Komalla village, Raghunathpally Mandal, Warangal District, and after the death of their fathers, the land was equally mutated in their names in the revenue records by respondent No.3, namely the Tahsildar, Raghunathpally Mandal, Warangal District, vide proceedings RC. No. ROR2034/97, dated 19.05.1997. While so, it is the case of the petitioners that taking undue advantage of their absence in the village, respondent Nos.4 to 9 managed the officials of respondent No.3 office and got their names incorporated in the possession column of Pahani for the year 2001-2002, and on the strength of the wrong entries made in the revenue records, respondent Nos. 4 to 9 are trying to interfere with their possession over the lands in question. On coming to know about the same, the petitioners state that they made representation dated 23.04.2008 to the respondent No.3 for rectification of the wrong entries made by him in the revenue records, but so far no action thereon had been taken. Hence, they filed the present writ petition declaring the action of respondent No.3 in mutating the names of respondent Nos.4 to 9 in respect of the petitioners land to an extent of Ac.12.00 in SurveyNo.396, situated at Komalla village, Raghunathpally Mandal, Warangal District, without conducting any proceedings under ROR Act, is illegal and arbitrary and against the principles of natural justice and consequently direct respondent Nos.4 to 9 not to interfere with their peaceful possession of the lands in question by suspending the entries of names of respondent Nos.4 to 9 in the revenue records. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for respondent Nos.1 to 3. Though the petitioners contend that they made representation dated 23.04.2008 to respondent No.3 seeking rectification of the wrong entries made by him in the revenue records in respect of their land in question, no copy of such a representation is filed before this Court by the petitioners, and it is not known as to why the petitioners were not diligent in not taking action for getting the said wrong entries alleged to have been made by respondent No.3 in the revenue records removed for all these years. The relief sought for by the petitioners is with regard to mutation, but no request to such an effect is made in the affidavit filed in support of the writ petition. The petitioners themselves are doubtful whether they can seek such a relief or not. In view of that, the relief sought for by the petitioners cannot be granted, but the only relief, that can be granted in this writ petition is that if there is any representation filed by the petitioners seeking rectification of the wrong entries made in the revenue records pending consideration before respondent No.3, the same shall be considered and disposed of by respondent No.3, after issuing notices to all the parties concerned, and pass appropriate orders thereon in accordance with law. With the above directions, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 01.05.2008 Ksr/Nsr