IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13273 of 2009 Between: Ambakam Selvam S/o.Subrahmanya Reddy R/o.Karur Village, Tada Mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore, Nellore District. 2 The Revenue Divisional Officer, Gudur, Nellore District. 3 The Tahsildar, Tada Mandal, Nellore District. 4 Ambakam Yelumalai S/o.late Muruga Reddy R/o.Karuru Village, Tada Mandal, Nellore District. .....RESPONDENT(S) 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 declaring the action of the 3rd respondent in trying to delete the extent of land admeasuring Ac.1-18 cents, in Sy.No.110-3 of Karur Village, Tada Mandal, Nellore District, from the petitioner's Pattadar Pass Book as illegal, arbitrary, and violative of Articles 14, 19, 21 and 300-A of Constitution of India and pass. Counsel for the Petitioner:MR.R.CHANDRA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.13273 OF 2009 ORAL ORDER The writ petition is premature. The petitioner alleges that the 3rd respondent is trying to delete an extent of Ac.1.18 cents of land in Sy.No.110/3 of Karur village, Tada Mandal, Nellore District from the petitioner’s extent as recorded in the pattedar passbooks issued to him. The petitioner claims to be owner of an extent of Ac.10.97 cents in Sy.Nos.80/4, 271/6, 803, 110/1, 110/3, 153/2 and 86/4 of karur village. These are ancestral lands. On his father’s demise, pattedar passbooks were issued in the petitioner’s favour in 1998. The 4th respondent who is his junior paternal uncle’s son is said to be claiming an extent of Ac.1.18 cents of land in Sy.No.110/3 of the village, which is recorded in the petitioner’s name in the pattedar pass books given to him. No formal notice is said to have been issued by the 3rd respondent to the petitioner as yet. The petitioner apprehends that the 3rd respondent would without any formal process or notice to him delete an extent of Ac.1.18 cents in Sy.No.110/3 of Karur village from the petitioner’s holding and grant pattadar passbooks to the 4th respondent in respect of the said land. No overt action or proceedings passed by the 3rd respondent is pleaded in the affidavit filed in support of the writ petition. If the 3rd respondent passes any such clandestine order without following the due process of law under the provisions of the A.P. Rights in Land and Pattadar Passbooks Act,1971, the said order would be a nullity apart from 3rd respondent exposing himself to severe disciplinary action besides possible criminal process by the petitioner. At any rate, there is no basis for the petitioner’s apprehension except some vague roumers in Karur village, which are not adequate justification for interference under Article 226 of the Constitution of India. In the circumstances the writ petition is dismissed as premature. The petitioner is at liberty to pursue appropriate remedies if any formal action is taken by the 3rd respondent. No costs. _________________ GODA RAGHURAM,J 6th JULY 2009 *TSNR