IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23376 of 2007 Between: K.Sekhar, S/o K.Vadevelu, Mangasamudram Village, Chittoor Mandal, Chittoor District. ..... PETITIONER AND 1 The District Collector, Chittoor District, Chittoor. 2 The Mandal Tahsildar, Chittoor Mandal, Chittoor District. 3 Gangadharam Nayakar, S/o Changalaraya Nayakar, R/o 5-4-28, Bajar Street, Arogonda Road, Santhapet, Chittoor, Chittoor 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 issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent, in not considering the representation dt.23-07-2007 as per law as illegal, arbitrary and consequently direct the 2nd respondent to consider the representation dt.23-07-2007 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.HARIPRASAD REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed questioning the action of the respondents in not taking any action on the representation submitted by the Sarpanch of Mangasamudram Village, the petitioner herein, on 23.7.2007 in regard to grant of government land to ‘Gangamma Temple’ for performing jathara, poojas, pongallu etc., It is averred in the affidavit filed in support of the writ petition that the said Ganganamma temple was erected about 60 years back in Sy.No.173/3 of Mangasamudram Revenue Village, Chittoor Mandal, Chittoor District and in the year 1919, the then Tahsildar issued DKT patta to one Talari Pedda Chengadu to an extent of Ac.1.11 cents out of which 10 cents of land is covered by the said temple and in the said land till today the villagers are performing poojas and jatharas regularly. Subsequently, a portion of the land was sold to one Chengalaraya Nayakar i.e., to an extent of Ac.0.55 cents in the year 1938 wherein it was specifically mentioned ‘ not to give any trouble to jathara which has been performed once in a year’. It is further averred in the affidavit that one Muniratnam Reddy and his brother filed a suit in O.S.No.425 of 1988 against the 3rd respondent and others wherein it was specifically pleaded about the existence of Gangamma Idol on the western side of the suit property and that villagers constructed the temple in an extent of Ac.0.10 cent and that the entire extent of Ac.1.11 cents is a government poramboke and in respect of the said land a DKT patta was granted. On 5.11.2007, when the writ petition was taken up for admission, the petitioner was directed to file a copy of the judgment of the civil Court and also a copy of the assignment order if any, by obtaining certified copies. Thereafter the matter was twice adjourned at the request of the petitioner to enable him to produce the copies of the documents directed to be produced by this Court on 5.11.2007. Today, when the matter is taken up, learned counsel for the petitioner submits that he is not able to produce the said documents as directed by this Court.In the circumstances, the relief sought for by the petitioner cannot be granted. The writ petition fails and it is accordingly dismissed. N.V.RAMANA,J Dt.3.7.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Chittoor District, Chittoor. 2 The Mandal Tahsildar, Chittoor Mandal, Chittoor District. 3 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd (OUT) 4 2CD copies