HON’BLE SRI JUSTICE S.V. BHATT Writ Petition No.9439 of 2001 ORDER: Heard learned counsel for the petitioners and learned Government Pleader for Revenue. The petitioners pray for Mandamus declaring the orders of 1st respondent in Case No.F1/247/2001 dated 17.04.2001 as illegal, null and unconstitutional. At the outset, it is stated that the petitioners are concerned in all with an extent of Ac.17.00 in Sy.No.353 of Mallisala Village. The writ petition is filed on an apprehension that the respondents by reference to the impugned order dated 17.04.2001, without following the procedure stipulated by law much less putting the petitioners on notice, evict the petitioners from the lands purchased by them through registered document Nos.1379/2000 dated 22.07.2000, 1506/2000 dated 09.08.2000, 1550/2000 dated 09.08.2000, 1511/2000 dated 10.08.2000 and 1512/2000 dated 10.08.2000. The case of the petitioners is that firstly, the land purchased by them through the sale deeds referred to is forming part of Ac.75.00, for which a patta is granted and secondly, the respondents, under an erroneous view of the matter, are considering the land purchased by the petitioners as forming part of Ac.500.83 cents for which a patta is refused through order dated 17.04.2001. This Court, through orders dated 15.05.2001 and 18.07.2001, granted interim order as follows: 15.05.2001: “Interim suspension for a period of eight weeks. Notice. Post on 04.07.2001.” 18.07.2001: “The interim order earlier granted by this Court shall continue to be in operation protecting the possession of the petitioners alone. The respondents shall maintain status quo with regard to possession of the petitioners alone. The interim order earlier granted by this Court is accordingly clarified. The WPMP is accordingly disposed of.” The same is in force as on date. Learned counsel for the petitioners at the time of hearing submits that the issue for consideration arises under the A.P. Estates (Abolition and Conversion into Ryotwari) Act, 1948 and against the impugned proceeding, the land holders/Yeleti family filed appeal before the Commissioner of Settlements and the same is pending as on date. The respondents filed counter affidavit stating that Yeleti Padmaraju, the father of vendor of petitioners, was originally granted a settlement patta for an extent of Ac.75.00 in Sy.No.353 of Mallisala village. From out of the same, Yeleti people have sold away some land to the petitioners and others. It may be true that the petitioners are small farmers and purchased land in Sy.No.353 of Mallisala Village for valuable consideration from Yeleti Gopalakrishna and his brother and other Yeleti family members. Yeleti people are entitled only for an extent of Ac.75.00 in Sy.No.353 of Mallisala Village. “The purchasers have been in possession and enjoyment of Ac.75.00 to which Yeleti people are entitled. It is not correct to say that the land purchased by the petitioners is involved in Ac.500.80 cents which was taken possession by the Government. From the above stand, it is clear that the purchases either by the petitioners or their predecessors-in-interest are stated to be forming part of Ac.75.00 in Sy.No.353 of Mallisala village for which a ryotwari patta is granted, but not Ac.500.83 cents for which patta was refused to landholder. Having regard to the stand of the respondents, it is to be noted that the writ petition is filed on apprehension and secondly, from the counter affidavit, the possession of petitioners is clarified. This Court is not considering the legality or otherwise of the impugned order. In view of the averments in the counter affidavit, it is up to the aggrieved person, whose appeal is pending before the Commissioner, to agitate the same. The interim order granted by this Court is made final order in the writ petition and the respondents are directed not to disturb the possession of petitioners except in accordance with law. In the event, a notice is issued by the respondents, the petitioners are entitled to prove both by record and admission, the land purchased by them is forming part of Ac.75.00 in Sy.No.353 of Malisala Village, for which a ryotwari patta is granted. The writ petition is ordered as indicated above. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ______________ S.V. BHATT, J Date: 20.11.2014 KLP