Siddala Kanthamma v. State Of Ap

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.30606 OF 2018

O R D E R

Aggrieved by the action of the 4th respondent - Tahsildar, Renigunta Mandal, Renigunta, Chittoor District, in seeking to dispossess the petitioners from the subject property, the present writ petition is filed. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue.

From the submissions of the learned counsel and the material on record, it could be seen that in respect of subject property, petitioners filed suit in O.S.No.167 of 2008 on the file of IV Additional District Judge, Tirupathi against the revenue officials, for permanent injunction and by judgment and decree dated 02.05.2018, the suit was dismissed. Aggrieved by the same, petitioners preferred appeal in A.S.No.814 of 2018 and this court, by interim order dated 13.06.2018 in I.A.No.1 of 2018 in A.S.No.814 of 2018, granted interim injunction restraining the respondents, their men and subordinates from interfering with the possession and enjoyment of the petitioners over the plaint schedule property for a period of four weeks and subsequently by order dated 11.07.2018, the interim injunction dated 13.06.2016 was made absolute.

Now in this writ petition, petitioners are seeking for a direction to the respondents - revenue authorities not to dispossess them from the subject property. When this court in the first appeal filed by the petitioners, has already granted interim injunction, petitioners are not justified in filing writ petition for the very same relief.

Learned Assistant Government Pleader for Revenue on written instructions of the 4th respondent - Tahsildar, submits that the subject property is Government land and that after passing of the interim orders of this court in I.A.No.1 of 2018 in A.S.No.814 of 2018, no official or any field staff entered into the subject land and interfered with the possession of the petitioners.

As already noted above, when this court has already granted interim orders directing the respondents not to interfere with the possession of the petitioners over the subject land, I do not find any reason to entertain the present writ petition filed for the very same relief. Accordingly the writ petition is dismissed.

Interlocutory applications pending, if any, shall stand closed. No costs.

-------------------------------------------- A.RAJASHEKER REDDY,J DATE:22-10-2018 AVS