LAWS(APH)-2008-6-82

A RAMANJUNEYULU Vs. MANDAL REVENUE OFFICER

Decided On June 26, 2008
A RAMANJUNEYULU Appellant
V/S
MANDAL REVENUE OFFICER Respondents

JUDGEMENT

(1.) AT the interlocutory stage the writ petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties.

(2.) THIS writ petition is filed to set aside order dated 23-7-2005 passed by respondent No. l, whereby he requested respondent No. 2 to take action against petitioner No. 3 to prevent him from entering into an extent of Acs. 3. 36 cents of land in Survey No. 492-2 of Bommajjapalli Village, Kundurpi Mandal, Anantapur District.

(3.) THE petitioners are inter-related. Petitioner No. l was assigned an extent of Acs. 4. 96 cents of land in Survey No. 492-2 on 16-3-1958 and petitioner No. 2 was assigned an extent of Acs. 5. 00 of land in Survey No. 495-1 on 12-2-1958 in Bommajjapalli Village, Kundurpi Mandal, Anantapur District. Respondent No. l by order dated 10-6-1988 resumed the said lands to the Government and reassigned the same in favour of respondent Nos. 3 to 5. Questioning the said order, petitioners 1 and 2 filed Writ Petition No. 18347 of 1989, which came to be disposed of with liberty to the petitioners to file an appeal before the Revenue Divisional Officer, Dharmavaram. Accordingly, the petitioners filed an appeal on 15-5-1999. The Revenue Divisional Officer, Dharmavaram, by his order dated 24-9-2002 allowed the appeal and set aside the resumption and reassignment order passed by respondent No. l and restored the lands in favour of petitioners 1 and 2. Feeling aggrieved by the said order, respondents 3 to 5 filed a revision before the District Collector, Anantapur, on 6-11-2002 and also an application for stay. The District Collector, by his order dated 24-9-2002 rejected the stay application and the appeal is still pending before him. The petitioners claim that in pursuance of the order of the Revenue Divisional Officer, they are in possession of the said lands and in the said background respondent No. l passed the impugned order.