IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21598 of 2000 Between: Padma Jacob … Petitioner AND The District Collector, Ranga Reddy at Lakdikapool, Hyderabad & others. … Respondents Counsel for the petitioner : Sri N. Vasudeva Reddy Counsel for respondents 1&2: AGP for Revenue (Assignment) Counsel for respondent No.3: Sri Vijay Kumar Heroor This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21598 of 2000 ORDER:- This writ petition is filed for a writ of Mandamus to declare the action of respondent Nos.1 and 2 in assigning Plot No.2 admeasuring 120 square yards comprised in Sy.No.118 of Gumasthanagar, Tandur, Ranga Reddy District, in favour of respondent No.3 vide proceedings dated 19.08.2000 of respondent No.2, as illegal and without jurisdiction. Heard Sri N. Vasudeva Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue (Assignments) for respondent Nos.1 and 2 and Sri Vijay Kumar Heroor for respondent No.3 and perused the record. The dispute pertains to an extent of 120 square yards of land in Sy.No.118 of Gumasthanagar, Tandur. While the petitioner claims that he was granted patta in respect of the said property on 05.01.1990 by respondent No.2, the case of respondent No.3 is that the said property was assigned in his favour by the same respondent on 19.08.2000. When respondent No.3 started interfering with his possession, the petitioner filed O.S.No.25 of 2000 on the file of the Senior Civil Judge, Vikarabad. Respondent No.3 also filed O.S.No.93 of 2000. Both the suits were filed for permanent injunction. At the hearing, it has come out that while the suit of the petitioner was dismissed, the suit of respondent No.3 was decreed and perpetual injunction was granted in his favour on 09.07.2007 against the writ petitioner. At the hearing, Sri N. Vasudeva Reddy, learned counsel for the petitioner made a strong endeavour to convince this Court to hold that subsequent patta granted in favour of respondent No.3 without cancelling the patta granted in favour of his client is wholly invalid. In the counter affidavit filed by the Mandal Revenue Officer, Tandur Mandal, the claim of the petitioner that she was granted patta has been denied as false and baseless. He admitted to granting of patta in favour of respondent No.3 on 19.08.2000. The question whether the petitioner was granted a patta or not can be verified only from the record. By order dated 26.03.2002, this Court directed the learned Assistant Government Pleader to produce the file. However, the file is not produced on the ground that the record is not available. In the absence of perusal of the file, it is not possible for this Court to render any finding on the plea of the petitioner that she was granted a patta. Such a question shall only be decided by the civil Court on the basis of the evidence adduced by both the parties. Therefore, in these peculiar circumstances, I give liberty to the petitioner to file a comprehensive civil suit for declaration of her right to the property on the basis of the purported assignment granted in her favour. The common judgment dated 09.07.2007 in O.S.Nos.25 of 2000 and 93 of 2000 (renumbered as O.S.No.9 of 2000 on the file of the Senior Civil Judge, Vikarabad) shall not come in the way of the petitioner to file the suit and the suit, if so filed, shall be decided by the competent civil Court without being influenced by any of the observations made in the said judgment. It is needless to state that respondent No.3 is entitled to raise all legally permissible objections to the suit to be filed by the petitioner. With the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.Nos.21437 of 2000 and WVMP.Nos.31 and 172 of 2001 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 25.07.2008 ES