IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 9768 of 2001 Between: Kavalireddy Venkata Subba Reddy S/o. Ranga Reddy R/o. Kothakoduru (V), T.P. Guduru Mandal, Nellore District. ..... PETITIONER AND 1 The Land Reforms Tribunal, Nellore, Rep. by Revenue Divisional Officer, Nellore. 2 The Mandal Revenue Officer, T.P. Guduru Mandal, Nellore District. 3 Sri. Kavalireddy Venkata Ramana Reddy, S/o. Ranga Reddy R/o. Kothakoduru (V), Nellore 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 an order, writ or direction more particularly a Writ of Mandamus Under Article 226 of Constitution of India, declaring the action of the 2nd Respondent in seeking dispossess the Petitioner from an extent of Ac 5-15 cents dry land in Survey No. 1494 of Koduru Bit-I Village, T.B. Guduru Mandal, Nellore District belonging to the petitioner pending disposal of objection petition dated 6.7.2000 on the ﬁle of Land Reforms Tribunal as illegal, arbitrary without jurisdiction and violative of Provisions of A.P. Land Reforms (Celings on Agricultural Holdings) Act, 1973 as well as Article 14 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the possession and enjoyment of the said and pass Counsel for the Petitioner : MR.P.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: The alleged action of the Mandal Revenue Officer, T.P. Guduru Mandal, Nellore District, the 2nd Respondent herein, in seeking to dispossess the Petitioner from an extent of Ac.5.15 cents of dry land in S.No.1494 of Koduru Bit-I Village, T.P Guduru Mandal, Nellore District pending disposal of the petitioner’s Objection Petition before the Land Reforms Tribunal, Nellore, is challenged in the present Writ Petition. 2. It is the case of the Petitioner that one Kavalireddy Venkata Ramana Reddy, the 3 rd Respondent herein ﬁled a declaration under the provisions of A.P. Land Reforms ((Ceilings on Agricultural Holdings) Act, 1973 with regard to his land holdings. Out of the said land holdings, Respondent No.3 had alienated an extent of Ac.7.50 cents in S.No.1494 of Koduru Bit-I Village, T.P. Guduru Mandal, Nellore District to one Rami Reddy Saibaba Reddy under a registered sale deed dated 20-12- 1971. Taking due note of this sale, the Land Reforms Appellate Tribunal, Nellore by its order dated 31-08-1978 in A.C.No.1311/76 excluded this land from the holding of Respondent No.3. 3. The Petitioner claims to have purchased an extent of Ac.5.15 cents out of the excluded land admeasuring Ac.7.50 cents in S.No.1494 of Koduru Bit-I Village, T.P. Guduru Mandal, Nellore District under a registered sale deed dated 18-09-1993 from Rami Reddy Saibaba Reddy, who had purchased the land under the sale deed executed in the year 1971 by Respondent No.3. 4. The complaint of the Petitioner is that Respondent No.3 sought to surrender the land admeasuring Ac.5.15 cents in S.No.1494 of Koduru Mandal Bit-I Village which was in his possession, despite the fact that the said land was excluded from his holding. Accordingly, the Petitioner ﬁled an objection petition before the Land Reforms Tribunal on 6-7-2000. However, no orders have been passed by the Tribunal. While so it is stated by the Petitioner in his aﬃdavit that the subordinates of the Mandal Revenue Oﬃcer, T.P. Guduru Mandal, including the Village Administrative Officer, attempted to dispossess him from the land. 5. The Petitioner further stated that he has been in possession and enjoyment of the subject land since he purchased the same on 18-09-1993 and accordingly, sought the protection of this Court, praying that the Respondents-Authorities should be interdicted from dispossessing him from the said land pending disposal of the Objection Petition dated 06-07-2000. 6. By Order dated 16-5-2001 in W.P.M.P.No.12297 of 2001 in W.P.No.9768 of 2001, this Court directed the Respondents not to dispossess the Petitioner from the subject land pending disposal of the Objection Petition ﬁled by him before the Land Reforms Tribunal, Nellore. 7. No Counter-Aﬃdavit is ﬁled by the Respondents. 8. The learned counsel appearing for the Petitioner, having obtained instructions as to the present position, stated before the Court that no orders were passed by the Land Reforms Tribunal, Nellore, upon the Objection Petition ﬁled by the Petitioner till date. The said Objection Petition is said to have been ﬁled in C.C.No.2579/NLR/75 on 6-7-2000. 9. Having considered the matter, I am of the opinion that the interest of justice will be suﬃciently served by directing the Land Reforms Tribunal, Nellore to pass appropriate orders upon the Objection Petition ﬁled by the Petitioner in C.C.No.2579/NLR/75 on 6-7-2000 after giving due notice and an opportunity of hearing to the Petitioner. This exercise shall be completed by the Land Reforms Tribunal, Nellore represented by the Revenue Divisional Oﬃcer, Nellore, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. 9. In the meanwhile, the Respondent- Authorities shall not interfere with the possession of the Petitioner over the subject land. 10. The Writ Petition is disposed of with the above direction. There shall be no order as to costs. ___________________________ Justice P.V.SANJAY KUMAR Dated 29th October, 2008. Dvs HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.9768 OF 2001 Dated 29th October, 2008