IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 520 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 11/02/2009 in WP NO : 27107 OF 2007 on the file of the High Court.) Between: C. Yellaji Rao S/o Appanna living by Cultivation, and Presently Residing at D.No. 26-14-45, Woodyard Street,near post Office, Opp: Vijayadurga Enterprises, Velamapeta, Visakhapatnam. ..... APPELLANT AND 1 The District Collector, Visakhapatnam. 2 The Tahsildar, Visakhapatnam, Rural Mandal, .....RESPONDENTS Counsel for the Appellant: SRI V.ESWARAIAH CHOWDARY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :520 of 2009 JUDGMENT: (per Hon’ble Smt Justice T. Meena Kumari) This appeal is filed against the order, dated 11.02.2009 passed by the learned single Judge in WP No.27107 of 2007. The appellant herein filed the above writ petition seeking to declare the action of the respondents in trying to dispossess him from the agricultural land admeasuring an extent of Ac.5.00 cents in Sy.No.355/1 situated at Madhurawada, Visakhapatnam Rural Mandal, without any notice, as illegal and arbitrary and consequently, to direct the respondents not to dispossess him from the lands in question, on the ground that he was an ex-service man and he was granted DKT patta by the 2nd respondent on 22.8.1982 in respect of the land in question and since then, he has been in possession and enjoyment of the same and now, the respondents proposing to allot the said land to the Urban Development Authority, are trying to dispossess him, without any notice. The learned single Judge having observed that if the petitioner is of the view that he holds title over the subject land by virtue of patta that is said to have been granted to him, he is at liberty to establish his case before the competent Civil Court, dismissed the writ petition. Having aggrieved by the same, the present writ appeal has been filed. We have heard the learned Counsel for the appellant and the learned Government Pleader. Perusal of the material on record goes to show that in pursuance of the directions of the learned single Judge, the District Collector conducted an enquiry and submitted a report stating that no D form patta was granted to the petitioner in respect of the land in question and he was never in possession of the same. In spite of that report, the learned Counsel for the appellant while reiterating the contentions that were raised before the learned single Judge, contended that “D” form patta was granted to him as he was an ex- service man and that the respondents did not take any report from the Zilla Sainik Welfare Officer, Visakhapatnam in respect of the patta granted to the appellant herein and that the District Sainik Welfare Officer, Visakhapatnam has issued a certificate stating that the appellant was granted patta in respect of the land in question and that no opportunity was afforded to the appellant to prove the genuineness of the said document. In view of the rival contentions raised by both the Counsel as to the assignment of land in question and in view of the contention raised by the appellant that he was not afforded any opportunity to prove the genuineness of patta, we feel that it would suffice if a direction is issued to the appellant herein to appear before respondents 1 and 2 along with Ex-serviceman identity card and documentary evidence in respect of the land in question and file a representation, on or before 30th May, 2009. On such representation being filed, the respondents shall dispose of the same in accordance with law. Subject to the above observation, the writ appeal is disposed of. No order as to costs. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 24th April, 2009 nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :520 of 2009 (Judgment of the Division Bench delivered by the Hon’ble Smt. Justice T. Meena Kumari) 24th April, 2009