HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITON NO. 10660 OF 2005 Thursday, the Third day of March, Two Thousand and Eleven Between Pulagam Appa Rao and others Petitioners AND The District Collector, West Godavari District and others Respondents ORDER: It is the case of the petitioners that Yerrampeta village of Nallarajarla Mandal, West Godavari District is originally the estate of Yadavolu Zamindar. One Anisetti Sarrayya s/o Gangaiah, got patta from the said Yadavolu Zamindar to an extent of Ac.25.00 in Sy.No.259 of Yerrampeta village, Koyyalagudem Mandal, West Godavari District and since the date of granting patta, the said Anisetti Sarrayya is in possession and enjoyment of the same. Anisetti Sarrayya sold an extent of Ac.16.00 to Vamisetti Gangaiah in the year 1950 vide registered document No. 1496/50 dated 11.7.1950, registered at the office of the Sub-Registrar, Kovvur and since then, the said Vamisetti Gangaiah has been in possession and enjoyment of the said land and the remaining land of Ac.8.00 is in possession of the said Anisetti Sarrayya. The petitioners 1 and 2 are the legal heirs of Anisetti Sarrayya and the petitioners 3 to 7 are the legal heirs of Vamisetti Gangaiah and thus they are in peaceful possession and enjoyment of the lands having inherited the same. It is stated that the petitioners having come to know that the said land is erroneously recorded as Kondagutta in the revenue records, they have applied for the change in the revenue records from Kondagutta to ryotwari patta before the Mandal Revenue Officer and the Mandal Revenue Officer conducted enquiry and recommended to change the nature of the land from Kondagutta to ryotwari patta to the Revenue Divisional Officer, Kovvur vide his recommendation in R.C. No.646/98/A dated 31.10.1998. It is stated that without considering and disposing of the application filed by the petitioners, they are sought to be dispossessed on the ground that the said land is Kondagutta and is not available for assignment in favour of the third parties. Assailing the inaction on the part of the respondents, this writ petition is filed. This court while admitting the writ petition directed the respondents to maintain status quo by order dated 22.8.2005. A counter is filed by the fourth respondent stating that the land in R.S. No. 259 is only Ac. 26.02 of Yerrampeta village of Koyyalagudem Mandal and its is classified in the village accounts as Kondagutta Poramboke and during resurvey in the year 1957, the said Survey No. was renumbered as Sy. Nos. 245, 246 and 247 to an extent of Ac.26.02. It is not in dispute that Anisetti Sarrayya has got patta of the land which originally belonged to Yadavolu Zamindar and since then, Anisetti Saraiah was in possession and enjoyment of the said land and later, he sold an extent of A.18.02 in Sy No. 246 and 247 to Vamisetti Gangaiah in 1950 vide document No. 1496/1950 dated 11.7.1950, registered at the office of Sub-Registrar, Kovvur, and also gifted Ac.8.00 from out of the remaining land of Ac.10.30 to the petitioners 1 and 2 and thus the petitioners herein are in possession and enjoyment and raised dispute with regard to the classification of the said lands as Kondagutta, requesting the authorities to change the same to ryotwari patta. It is stated that as the land is registered as Kondagutta, the petitioners have no right and, therefore, the some landless poor were selected for assignment of the said land and certain pattas were also issued. It is further stated that the Mandal Revenue Officer has enquired into the matter and submitted a detailed report to the Revenue Divisional Officer, Jangareddygudem, West Godavari District vide Rc. No.646/1998 dated 31.10.1998. I have perused the said report. The Mandal Revenue Officer also narrated certain facts recommending for the change of the revenue records from Kondagattu to ryotwari patta. The Revenue Divisional Officer, Jangareddygudem, in his proceedings dated 15.12.2003 has sought for the records for submission of report to the first respondent for disposal of the application of the petitioner. Thus from the proceedings dated 15.12.2003, it is clear that it is for the Collector/Joint Collector, to whom the report is sought to be submitted, to decide the said application of the petitioners. Having regard to the facts and circumstances of the case, without going into merits of the rival contentions advanced by the parties herein, the writ petition is disposed of directing the first respondent to obtain report from the respondents 1 to 3 and decide the application of the petitioners with regard to the change in the nature of land from Kondagutta to ryotwari patta, after giving reasonable opportunity to the petitioners and pass appropriate orders in accordance with law. Till then, the order of status quo shall continue. No order as to costs. ___________________ Justice V.Eswaraiah March 03, 2011 MAS