Kanimeraka Krishna, v. District Collector,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.24222 of 2004 ORDER:

This writ petition was filed by four individuals assailing the action of the respondent authorities in allotting the land claimed by them in favour of the fourth respondent without following the due procedure. By order dated 27.12.2004, this Court directed status quo obtaining as on that day to be maintained by the parties.

The Tahsildar, Gurla Mandal, filed a counter-affidavit wherein she stated that the fourth respondent was issued a ryotwari patta under Section 11(a) of the Estates Abolition Act, 1948. She however admitted that the writ petitioners were also issued pattadar pass books under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. According to her, due procedure was not followed in this process.

Sri Ch.Dhanamjaya, learned counsel appearing for the legal representatives of the deceased fourth respondent who were brought on record as respondents 5 to 8, stated that the petitioners were trying to settle their dispute with his clients by way of this writ petition and that

the same is impermissible in law.

Taking note of the attending facts and the submissions made, the writ petition is disposed of directing the respondent authorities to take action in the matter, if warranted, in accordance with the due procedure laid down by law. It is left open to the writ petitioners and respondents 5 to 8 to work out their remedies against each other before the appropriate forum in accordance with law.

Interim Order dated 27.12.2004 shall stand vacated. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ SANJAY KUMAR, J 11th MARCH, 2015.

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