IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.22038 of 2004 Between: Boddu Hemalatha,W/o.Subrahmanyam, Aged 50 years, Cultivation, R/o.Devanagapuri, Chirala (M), Prakasam District … Petitioner And The District Collector, Prakasam District, Ongole, and others … Respondents Order: The petitioner seeks a Writ of Mandamus declaring the action of the respondents in proposing to assign Ac.0.80 cents of land situated in S.No.580/11-part of Devangapuri village, Chirala Mandal, Prakasam District, to third parties even though the same was already assigned in her favour, as illegal, arbitrary and without jurisdiction. In the affidavit filed in support of the writ petition, it is stated that the petitioner is in occupation of Ac.0.80 cents of land in S.No.580/11 of Devangapuri village, Chirala Mandal, Prakasam District for the last more than 20 years and planted, fruit, flower plants and kitchen garden therein. It is stated that the Government, by recognizing her possession, granted D Form Patta in her faovur vide DK.No.67/1409 dated 17-09-2000 on payment of market value of Rs.500/- per acre and in spite of the same respondents-officials are bent upon to assign the very same land in favour of third parties. Apprehending assignment of the said land to third parties, she has approached this Court by this writ petition. The Mandal Revenue Officer, Chirala, the third respondent herein, has filed counter-affidavit on behalf of the respondents. In the counter-affidavit, respondents have denied the allegation of the petitioner that she was granted patta with regard to the land in question. It is stated that the petitioner is not a resident of Devangapuri village, Chirala Mandal and she is actually residing in Vetapalem Mandal. It is also stated that the land in question is classified as ‘Inam’ as per village records and there is no recorded evidence that she has paid the market value of the land in question as alleged by her; as such, she does not have any right whatsoever, over the said land. Though it is the case of the petitioner that she was granted patta with regard to the land in question, it is the specific stand of the respondents in the counter-affidavit that no land was assigned to her at all and they have also denied her allegation that she has paid market value of the said land. Further, it is stated in the counter-affidavit that the land in question is classified as ‘Inam’ as per village records. However, the petitioner has not filed any reply-affidavit controverting the said stand of the respondents. In that view of the matter, in absence of assignment of any land in favour of the petitioner and in absence of any reply-affidavit controverting the case of the respondents in the counter-affidavit, no relief, as sought by the petitioner, can be granted. The writ petition is devoid of merits and is accordingly dismissed, however, in the circumstances, with no order as to costs. ___________________ (R. SUBHASH REDDY, J) November 11, 2010 MRR