IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 14594 of 2008 Between: Kuruba Prabhakar S/o. Yerreppa R/o. Irparsapalli Village, Kambadur Mandal, Anantapur District. ..... PETITIONER AND 1 The Tahsildar, Kambadur Mandal, Kambadur, Anantapur District. 2 Kuruba Lakshmi Devi W/o. K. Kistappa R/o. Iparsapalli Village, Kambadur Mandal, Anantapur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the action of the 1st respondent in interfering into the petitioner's peaceful possession and enjoyment over the land to an extent of Ac.5-14 cents in S.No.419-2 of Ralla Anantapuram Village, Kambadur mandal, Anantapur District as illegal, arbitrary in violation of principles of natural justice and contrary to the Board Standing Orders and inviolation of Article 14 of the Constitution of India and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment over the land to an extent of Ac.5-14 cents in S.No.419-2 of Ralla Anantapuram Village, Kambadur mandal, Anantapur District, in the interest of justice Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondent No.1: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14594 of 2008 ORDER: The petitioner is resident of Iparsapalli Village, Kambadur Mandal, Anantapur District. It is his case that land admeasuring Acs.5.14 in survey No.419-2 situated at Rallaa Anantapuram Village of said Mandal, was assigned to his mother in 1961. After her death petitioner is statedly in possession of the same. It is alleged that first respondent (Tahsildar) started interfering with petitioner’s possession without any reason. Therefore instant writ petition is filed seeking a direction to first respondent not to interfere with possession of the petitioner. A counter affidavit is filed by first respondent - Tahsildar. It is admitted that land in question was assigned to Smt. Kuruba Muthyalamma, W/o Yerappa in 1961, that after her death second respondent cultivated the land till 2006, that the land was assigned to second respondent after obtaining consent of sons of original assignee vide proceedings dated 26.06.2004, that second respondent also obtained pattadar passbook No.528196/390 and that she has been in possession of the same. The allegation that first respondent is interfering with petitioner’s possession is, however, denied. It is further stated that second respondent filed O.S.No.121 of 2008 on the file of the Court of the Junior Civil Judge, Kalyandurg, and obtained interim injunction in I.A.No.497 of 2008. After hearing learned counsel for petitioner and learned Assistant Government Pleader for Revenue (Assignment) and perusing counter averments, which remained unrebutted, it becomes clear that the dispute is only between petitioner and second respondent. Without disclosing the fact that second respondent filed civil suit, petitioner approached this Court. For suppressing the facts, the writ petition is liable to be dismissed. Even otherwise petitioner has not filed any reply affidavit denying counter averments which would only show that the land was reassigned to second respondent and she was also given pattadar passbook and title deed. She filed suit and obtained interim injunction. Petitioner has to work out remedies in the suit. This writ petition is misconceived. Therefore, the writ petition is dismissed. No costs. _____________ (V.V.S.RAO, J) 02nd December, 2008 GHN To 1 The Tahsildar, Kambadur Mandal, Kambadur, Anantapur District. 2 2CCs to GP for Revenue 3 2CD copies Form-NIC-OGS/WP{MSN}