ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“……to issue a writ of Mandamus, declaring the action of respondents in trying to interfere with the possession and enjoyment of the tiled house consisting of two rooms with assessment No.76 with D.No.1-127, Penuganchiprolu village and Mandal, Krishna District without following due process of law as illegal and arbitrary and consequently direct the respondents to follow the due procedure and pass such other order.”

2. The case of petitioner in brief is that the father of the petitioner by name Chinthala Ramulu was in possession and enjoyment of Poramboku site of an extent of Ac.0.02 cents in R.S.No.211 situated at Penuganchiprolu village and Mandal, Krishna District for the last more than 60 years and constructed two rooms tiled house in the place of old hut.

3. The 3rd respondent issued B-Form patta during the fasli 1398. The Gram Panchayat assessed the property to tax and collecting property tax from the petitioner and issued a certificate of possession dated 16.06.2000 certifying that the father of petitioner is in possession and enjoyment of the subject property.

4. During the life time, the said Chinthala Ramulu filed suit in OS.No.177 of 2000 on the file of Junior Civil Judge, Nandigama against the Executive Engineer, Dy.Executive Engineer and Kakani Venkata Ratnam Water Regulatory committee for perpetual injunction. The said suit was decreed on 17.04.2007.

5. In the year, 2017 again a fresh cause of action arose against the illegal interference by the R&B Department as well as the 3rd respondent, a Civil Suit i.e., OS.No.147 of 2017 on the file of Junior Civil Judge, Nandigama was filed for grant of permanent injunction. While the matter stood thus, father of the petitioner died on 28.01.2018 leaving behind his wife, sons and daughter. On an application in I.A.No.168 of 2018 to bring the legal heirs on record in the place of deceased plaintiff, the petitioner along with other legal representatives were brought on record and they are prosecuting the said suit.

6. While things stood thus, on 12.08.2021 ignoring the petitioner’s possession and enjoyment of the property and pendency of civil suit, the respondents are trying to interfere with the petitioner without following the due process of law and thereby their action is illegal and arbitrary and requested to issue a direction as stated above.

7. During hearing, the learned counsel for the petitioner Sri Sai Gangadhar Chamarthy reiterated the contentions urged in the petition. Whereas the learned Assistant Government Pleader for Revenue opposed the petition as the suit is pending before the Competent Civil Court for appropriate orders.

8. Undoubtedly a Suit in OS.No.177 of 2000 was filed by father of this petitioner Chinthala Ramulu before the Junior Civil Judge’s Court, Nandigama against the Executive Engineer, Dy.Executive Engineer and the suit was decreed by accepting the possession of petitioner’s father. However, father of the petitioner also filed another suit against the Tahsildar/ 3rd respondent herein and others in OS.No.147 of 2017 on the file of Junior Civil Judge, Nandigama on the basis of fresh cause of action and it is pending for adjudication. The petitioner filed I.A.No.457 of 2017 under order 39 Rule 1 and 2 CPC and it is pending for disposal till date, as the Injunction petition is pending before the Junior Civil Judge’s Court, Nandigama, the petitioner cannot approach this Court to prosecute simultaneous proceedings for the same purpose against same persons. Therefore, the petitioner may approach the Junior Civil Judge, Nandigama and make a request for disposal of I.A.No.457 of 2017 filed under Order 39 Rule 1 and 2 CPC. On making request, the Junior Civil Judge, Nandigama is directed to dispose of the application in I.A.No.457 of 2017 pending on its file in OS.No.147 of 2017 as expeditiously as possible in any event not later than one week.

9. With