IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 650 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/04/2008 in WP NO : 4663 OF 2005 on the file of the High Court.) Between: 1 Sri Ramaneni Udya Baskar, S/o.Hanumantha Rao, R/o.D.No.5-6-1, Rajiv Nagar, Siil Campus post, Palavocha, Khammam District. 2 M.Usha Sri W/o.Arun Gopal, C/o.Hanumantha Rao, Rajiv Nagar, Siil Campus Post, Palavoncha, Khammam District. 3 S.Vijayalakshmi, W/o.Hanumantha Rao, Rajiv Nagar, Siil Campus Post, Palvoncha, Khammam District. ..... APPELLANTS AND 1 The Revenue Divisional officer, Palvancha, Khammam District. 2 The Mandal Revenue officer, Palvancha, Khammam District. 3 The Municipal Commissioner, Palvancha Municipality, Palvancha, Khammam District. .....RESPONDENTS Counsel for the Appellants : MR.P.V.RAMANA Counsel for the Respondent Nos.1 & 2 : GP FOR REVENUE Counsel for Respondent No.3 : MR.POLISETTI RADHAKRISHNA The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 650 of 2008 JUDGMENT : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ appeal is filed by the petitioners in writ petition No.4663 of 2005, aggrieved by the order passed by the learned single Judge, dated 23rd April 2008. 2. The appellants herein claimed to be the owners and possessors of structures in the land admeasuring about Ac.0.15 gts., Ac.0.06 gts., and Ac.0.05 gts., in R.S.No.444 of Palvancha village and Mandal in Khammam District. In the writ petition, they sought directions by way of Mandamus to declare the action of the respondents in interfering with their actual possession of the aforementioned lands and structures as illegal and arbitrary. In the counter affidavit filed on behalf of the respondents, it is stated that originally the land in question was assigned to one Sri Y.Muthaiah, a Scheduled Tribe, in the year 1974 and when it came to light that the said land was alienated to third parties in contravention of the conditions of grant, resumption orders were passed on 29.07.2003 and the land was taken into Government custody. It is further stated that the appellants are claiming the lands by virtue of purchase from the original assignees, after resumption of the land by the Government. 3. In this writ appeal, it is submitted by the learned counsel for appellants that the order dated 29th July 2003 was not served on them at all. When the matter had come up on earlier occasion on 7th July 2008, this Court directed the learned Government Pleader to make available a copy of the order dated 29th July 2003. Now, a copy of the said order is filed and placed on record before this Court, by which, the Mandal Revenue Officer, Palvancha, ordered for resumption of land covered by R.S.No.444 of Palvancha village and Mandal of Khammam District. 4. Since the resumption orders are already passed by respondent No.2 with regard to the land covered by R.S.No.444 of Palvancha village and Mandal, without questioning the validity of the said resumption orders, the appellants herein cannot seek any direction by way of Mandamus against the respondents not to interfere with their possession. Since a copy of the order dated 29th July 2003, passed by respondent No.2 in Case No.B/5051/02 is now served on the learned counsel for the appellants, it is open for them to question the validity of the said order. Asmuch as it is pleaded by learned counsel for the appellants that they are still in possession in the structures raised by them in the disputed sites, if they are evicted forcibly, they will be put to irreparable loss and injury. Though the possession of the appellants is disputed by the learned Government Pleader appearing for the respondents, we direct the parties to maintain status quo for a period of four weeks from today. 5. Leaving it open to the appellants to question the validity of the order dated 29th July 2003 passed by the 2nd respondent in Case No.B/5051/02, this writ appeal is disposed of. No order as to costs. _________________ ANIL R. DAVE, CJ 21st July 2008 ______________________ R. SUBHASH REDDY, J Note: Registry to issue C.C. by 22.7.2008. (b/o) svs/ajr To 1 The Revenue Divisional officer, Palvancha, Khammam District. 2 The Mandal Revenue officer, Palvancha, Khammam District. 3 The Municipal Commissioner, Palvancha Municipality, Palvancha, Khammam District.