KALLAM SUBBA REDDY Vs. DISTRICT COLLECTOR KRISHNA DISTRICT

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the inaction of the respondents, in issuing ryotwari patta to the petitioners in respect of Ac.5-90 cents of land comprised in Survey No. 190 (old Survey No. RS.127) of Kallamvaripalem Village, Devarapalli, Krishna District, as illegal and contrary to judgment, dated 31-03-1997, in L.P.A. No. 233 of 1986.

(2.) I have heard Sri Kuriti Bhaskara Rao, learned Counsel for the petitioners, and perused the record.

(3.) The petitioners, who were in occupation of certain accreted lands formed on account of change of course of Krishna river, filed O.S. No. 56 of 1975 on the file of the Subordinate Judge, Vijayawada, for declaration that they have acquired legal title and also for permanent injunction restraining the State of Andhra Pradesh and its subordinates from interfering with their peaceful possession and enjoyment thereof. The said suit was dismissed, and therefore, A.S. No. 549 of 1978 was filed by the petitioners in this Court. The appeal was also dismissed. However, in L.P.A. No. 233 of 1986, filed by the petitioners, a Division Bench of this Court through judgment, dated 31st March, 1997, reversed the judgments and decrees in the above suit and the appeal and granted decree in favour of the petitioners. For the purpose of disposal of this Writ Petition, it is useful to reproduce the relevant portion of the judgment in the said LPA: