IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5187 of 2008 Between: G. Gangadhar Rao, S/o. Sri Venkatachalam, R/o. Tulasi Nagar, Patamata, Vijayawada-7. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Principal Secretary- Revenue, Secretariat, Hyderabad. 2 The District Collector, Krishna District at Machilipatnam. 3 The Revenue Divisional Officer, Bandar, Krishna District. 4 The Tahsildar, Mopidevi Mandal, Krishna District. 5 Irrigation Department Krishna Central Division, Rep. by its Executive Engineer, Vijayawada. .....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 a Writ of mandamus or any other appropriate Writ order or direction, directing the Respondents to permanently allot an extent of Ac. 3-77 cents in RS No. 142 & 1435, Mopidevi Village, Krishna District to the Petitioner and pass Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5187 of 2008 ORAL ORDER: This writ petition is filed seeking a direction to the respondents to permanently allot an extent of Ac.3.77 cents in R.S. No. 142 and 145, Mopidevi village, Krishna district . The petitioner is an Ex-serviceman and the 5th respondent vide proceedings dated 1.6.1984 granted lease over the land admeasuring Ac.4.57 in Survey Nos.141,142 and 145 to the petitioner, however, he was allowed to continue his possession over an extent of land admeasuring Ac.3.77 in Survey Nos. 142 and 145 and the land covered in survey number 141 was taken away in the year 1986. The petitioner contends that the lease is being extended from time to time and the same is valid up to 2010 and he is in possession of land admeasuring Ac.3.77 cents in survey nos. 142 and 145 and cultivating the same and being an Ex-servicemen, is entitled for allotment of the same on permanent basis. The petitioner made representations to the authorities for allotment of the subject land on permanent basis and pursuant to same, the 5th respondent addressed letter dated 25.6.1999 to the third respondent stating that the Irrigation Department has no objection for allotment of the subject land to him. T h e Mandal Revenue Officer, Mopidevi also addressed a letter dated 18.11.2005 to the District Collector, Krishna stating that he along with other revenue officials have inspected the subject land and found that the petitioner is in possession of the same. The letter further indicates that the Gram Panchayat and the Executive Engineer, K.C.Division, Vijayawada have issued no objection for grant of patta to the petitioner under ex-servicemen quota. Now the grievance of the petitioner is that though the lease is valid up to year 2010 and his representation for allotment of the subject land is pending consideration, without following the due process of law, the respondents are trying to dispossess him. Hence, the present writ petition. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage. The order dated 1.6.1984 granting lease of the subject land to the petitioner, the letter of the Executive Engineer, K.C.Division, Vijayawada dated 25.6.1989 addressed to Mandal Revenue Officer, and the letter of the Mandal Revenue Officer, Mopidevi dated 18.11.2005 addressed to the District Collector, Krishna, prima facie indicates that the petitioner is in possession of the subject land. Further he claims that the lease granted to him is valid upto 2010 and his representation for grant of permanent patta dated 26.5.2007 is pending before the second respondent. For the foregoing reasons, I deem it appropriate to dispose of the writ petition directing the second respondent –District Collector to consider the representation of the petitioner dated 26.5.2007 and pass appropriate orders in accordance with law expeditiously. In case, if already appropriate orders are passed on the representation of the petitioner and the respondents want to evict the petitioner, they shall follow due procedure contemplated under law and till such time status existing as on today shall be maintained. Accordingly, the writ petition is disposed of. No costs. _____________ N.V.RAMANA,J DATE: 12.3.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5187 of 2008 Date: 12.3.2008