IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 15236 of 2005 Between: 1 Koppella Suba Ramakrishna Raju, S/o. Subba Raju, R/o. M.M. Puram, PUlla, West Godavari District. 2 Smt. Kantheti Satyavathi, W/o. Subba Raju, R/o. M.M. Puram, PUlla, West Godavari District. 3 Kantheti Ranga Raju, S/o. Subba Raju, R/o. M.M. Puram, PUlla, West Godavari District. 4 Ganapathiraju Ramakrishna Raju, S/o. Venkataraju, R/o. M.M. Puram, PUlla, West Godavari District. 5 Kondabathula Venkateswara Rao, S/o. Mahakali, R/o. M.M. Puram, PUlla, West Godavari District. 6 Kondabathula Lokaraju, S/o. Mahakali, R/o. Pulla, West Godavari District. 7 Kondabathula Pamda Rao, S/o. Mahakali, R/o. Pulla, West Godavari District. 8 Kondabathula Ram Babu, S/o. Mahakali, R/o. Pulla, West Godavari District. 9 Kondabathula Anand Rao, C/o. Venkateswara Rao, R/o. Pulla, West Godavari District. 10 Kondabathula Mahankali, S/o. Durga Rao, R/o. M.M. Puram, PUlla, West Godavari District. 11 Kondabathula Chinna, S/o. Mahankali, R/o. Pulla, West Godavari District. 12 Mungara Raju, @ Nese Rejy, S/o. Venkata Ratnam, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 13 Gantasala Manganna, S/o. Mahankali, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 14 Mungara Venkateswara Rao, S/o. Naganna, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 15 Mungara Venkata Raju, S/o. Venkanna, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 16 Mungara Somaraju, S/o. Venkateswara Rao, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 17 Mungara Rambabu, S/o. Venkateswara Rao, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 18 Mungara Rambabu, S/o. Venkateswara Rao, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 19 Gantasala China Venkateswara Rao, S/o. Ranga Raju, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 20 Mungara Chandraiah, S/o. Lakshmaiah, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 21 Gantasala Vigneswara Rao, S/o. Manganna, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 22 Mungara Nagaraju, S/o. Venkataratnam, R/o. Sayam Palem, H/o. PUlla, West Godavari District. 23 Gantasala Venkanna, S/o. Manganna, R/o. Sayam Palem, H/o. PUlla, West Godavari District. ..... PETITIONERS AND 1 The District Collector, West Godavari District at Eluru. 2 The Revenue Divisional Officer Eluru Division, West Godavari District at Eluru. 3 The Mandal Revenue Officer, Bhimadole Mandal, West Godavari District at Bhimadole. 4 The Panchayat Secretary, Pulla Gram Panchayat, West Godavari District at Pulla. .....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 a Writ of Mandamus declaring the action of the 3rd respondent Mandal Revenue Officer in issuing the impugned proceedings bearing No. B-118/2005 dt. 25-5-2005 as illegal, arbitrary and violative of the principles of natural justice and pass such other. Counsel for the Petitioners: MR.C.S.N.RAJU Counsel for the Respondents: GP FOR REVENUE This Court, at the admission stage, made the following. O R D E R: The petitioners seek a Mandamus declaring the action of the third respondent in issuing the proceedings, dated 25-05-2005, as illegal and arbitrary. The case of the petitioners is that they, being the land less poor, have been cultivating the Government land by paying taxes to the Government and that they are the permissible occupiers of the lands- in-question, which fact was recognized by the Government by issuing enjoyment certificates in favour of the petitioners by the fourth respondent. While the matter stood thus, the neighbouring farmers, with eyesore, are trying to interfere with the possession of the petitioners over the said lands. Then, the petitioners filed O.S.Nos.422 of 2005 and 470 of 2005 on the file of the Junior Civil Judge, Eluru, and obtained interim injunction. However, the third respondent issued notice, dated 21-05-2005, directing the petitioners to explain as to why the said enjoyment certificates issued in their favour by the fourth respondent should not be cancelled and to appear before him on 25-05-2005. Accordingly, the petitioners appeared before the third respondent and explained their case. But, the third respondent by proceedings, dated 25-05-2005, cancelled the enjoyment certificates issued by the fourth respondent. Hence, the writ petition. The learned counsel for the petitioners submits that against the impugned order, dated 25-05-2005, the petitioners preferred an appeal before the second respondent, being the appellate authority, along with an application seeking interim relief. However, the second respondent has neither disposed of the appeal or the application seeking interim relief so far. Having heard the learned counsel for the petitioners, the learned Government Pleader and perused the material available on record and in view of the facts and circumstances of the case, especially in view of the fact that the appeal filed by the petitioners is pending before the second, I deem it appropriate to direct the second respondent to dispose of the said appeal. The writ petition is accordingly disposed of directing the second respondent to dispose of the appeal filed by the petitioners, in accordance with law, after giving due opportunity to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order. No costs. ______________________ (ELIPE DHARMA RAO) Date: 15-07-2005 ghn To 1 The District Collector, West Godavari District at Eluru. 2 The Revenue Divisional Officer Eluru Division, West Godavari District at Eluru. 3 The Mandal Revenue Officer, Bhimadole Mandal, West Godavari District at Bhimadole. 4 The Panchayat Secretary, Pulla Gram Panchayat, West Godavari District at Pulla. 5 Two CCs to the Government Pleader for Revenue, High Court Buildings, Hyderabad. (O.U.T.) 6 Two CD copies.