THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.3115 of 2006 ORDER: The petitioners filed the present writ petition seeking a writ of Mandamus declaring the action of the respondents in threatening dispossess them from their land admeasuring Acs.4.56 cents situated in R.S.Nos.105/P and 105/C of Kommara (South) Village, D.Tirumala Mandal, West Godavari District, without following due process of law as illegal and arbitrary and consequently, they sought a direction to the respondents to forthwith conduct enquiry into the matter and issue pattadar passbooks and title deed in their favour. This Court issued Rule nisi as long back as on 20.02.2006. But, however, as the respondents has not filed any counter, when the matter came up for consideration on 12.03.2010, this Court granted two weeks’ time to them to file counter and in default, directed them to appear. Subsequently, when the matter was taken up on 26.03.2010, the second respondent, namely, the Mandal Revenue Officer, D.Tirumala Mandal, West Godavari District, filed counter in the matter. It is stated in the counter that the petitioners are not staying in the village for the last 30 years and from 1991 one Sri Kummari Nageswara Rao has been in continuous possession of the subject land to till date, having purchased the same from Smt.Muche Sitaravamma, who purchased the said land from the original pattadar. That the said Kummari Nageswara Rao was also issued pattadar passbook. That the suit filed by the petitioners seeking permanent injunction restraining the said Kummari Nageswara Rao and his brother came to be dismissed. As there was no representation on behalf of the petitioners on 26.03.2010, this Court directed the matter to be listed today under the caption ‘for dismissal’. Today, when the matter is taken up, the learned counsel appearing for the petitioners submitted that an appeal lies against the order granting pattadar passbooks to the third parties and as it is stated by the respondents in the counter that pattadar passbooks in respect of the subject land were granted in favour of one Kummari Nageswara Rao, though the subject land belongs to the petitioners, the petitioners would like to avail the remedy of appeal as provided under law. In the circumstances, without entering into the merits of the matter, the writ petition is disposed of granting liberty to the petitioners to avail the remedies, if any, available to them under law against grant of pattadar passbooks to one Kummari Nageswara Rao in respect of the subject land. No costs. ___________________ N.V. RAMANA, J. Date:01.04.2010 VGB