IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15155 of 2007 Between: Peela Appala Naidu, S/o. Mahalakshmi, R/o. H.No. 14-78, Gundala Veedhi, Anakapalli, Visakhapatnam District. ..... PETITIONER AND 1 The District Collector, Visakhapatnam, Visakhapatnam District. 2 The Revenue Divisional Officer, Anakapalli, Visakhapatnam District. 3 The Tahsildar, Anakapalli Manal, Anankapalli. .....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 of mandamus or any other appropriate Writ Order or direction, declaring the in action of the respondents 1 & 2 not taking action on the proposals dt. 01.10.2003, and 05.04.2007, submitted by the 3rd respondent to accord permission to assign the Govt Land in Sy.NO. 75 of Bowluwada Village, in Anakapalli Mandal, Visakhapatnam District., to an extent of Ac.5.00, which was handed over by the 3rd respondent and others, in the year 2003, in favour ofthe petitioner being the husband and the legal heir of the deceased original applicant ( assignee) Smt. Peela Chinatalli, as illegal, arbitrary and contrary to the orders passed by this Hon'ble Court, and further direct the respondents herein to accord permission to the 3rd respondent to assign the above said land in favour of the petitioner herein fourthwith, 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:SRI RAMA RAO MAVIDI Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15155 of 2007 ORDER: The petitioner and his wife are Burma repatriates. Petitioner’s wife was statedly granted an extent of Acs.5.00 in survey No.75 of Bowluvada Village in Anakapalli Mandal in Visakhapatnam District. Under an endorsement dated 17.12.2005 the land was handed over. However, a regular patta was not granted to the petitioner. Aggrieved by the same, the petitioner is before this Court seeking a direction to issue patta. The third respondent filed a detailed counter affidavit. It is, however, not necessary to elaborate the contents thereof, suffice to mention that during the pendency of the proceedings in this Court, the Tahsildar, Anakapalli, addressed a communication to the Government Pleader, inter alia, stating that as the land in survey No.75 of Bowluvada Village is classified in revenue records as hill poramboke, and the same is not fit for cultivation because it is full of rocks and shrubs, an extent of Acs.2.00 in survey No.360 of Thummapala Village has been identified and that the petitioner has also expressed his willingness to accept the land. A copy of the said letter has been produced before this Court on 18.11.2008, which is made part of the record. The matter was adjourned to enable the learned Counsel for the petitioner to get instructions from his client. After getting instructions from his client, learned Counsel for the petitioner submits that the petitioner has no objection to accept the assignment/grant of Acs.2.00 in survey No.360 of Thummapala Village. Therefore, the writ petition is disposed of observing that the third respondent may issue a formal order/patta to the petitioner in respect of the land admeasuring Acs.2.00 in survey No.360 of Thummapala Village of Anakapalli Mandal in Visakhapatnam District. This exercise may be completed within a period of four weeks from today. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 24.11.2008 vs To 1 The District Collector, Visakhapatnam, Visakhapatnam District. 2 The Revenue Divisional Officer, Anakapalli, Visakhapatnam District. 3 The Tahsildar, Anakapalli Manal, Anankapalli. 4 2CCs to G.P For Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{SPJS}