IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 2439 of 2007 Between: Gunnam Satyanarayana, S/o. Ganiraju, Hindu, Tiruvuru (V), Krishna District. ..... PETITIONER AND 1 The District Collector, Krishna District at Machlipatnam. 2 The Revenue Divisional Officer, Nuzvid Division, Nuzvid Town, Krishna District. 3 Mandal Revenue Officer, Tiruvuru (M), Krishna District. 4 Agricultural Market Committee, Tiruvuru, Rep. byits Secretary, Tiruvuru ( V & M), Krishna District. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in insisting thepetitioner to vacate from thehis land of Ac. 0-30 cents covered by Survey Number 128/2 and further Ac. 0-30 cents in Survey number 129/1 of Patha Tiruvuru Revenue Village asillegal, irregular without jurisdiction and offends articles 14, 21 and 300 A of the Constitution of India and consequently direct the respondents not to interfere in any manner with his land, otherwise than by following due processof law and pass suchother order or order as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.SITA RAM CHAPARLA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Oral order: This Writ Petition listed under the caption ‘for dismissal’ on 31-3-20-08, was heard and directed to be listed after one week to enable the petitioner to furnish the originals of the D-Form patta said to have been issued to him in respect of the schedule property as well as the pattadar pass books recording the name of the petitioner in the revenue records. The Government Pleader was also directed to produce for the perusal of this Court, the revenue records, on the basis of which the 2nd respondent had filed a counter-affidavit asserting that the petitioner’s claim of title to the property is false and fabricated and no pattadar pass book or D-Form patta had been recorded in the petitioner’s name. The learned Government Pleader for Revenue has produced the revenue records including the register relating to issue of pattadar passbooks in respect of lands in Patha Tiruvuru Village. Since the land in question is claimed to be Government land, no pattadar passbooks have been issued in respect of this land is the contention. The register also does not disclose issue of any pattadar passbooks in respect of Sy.No.128/2 and 129/1. The learned Government Pleader, on instructions from the Mandal Revenue Officer, Patha Tiruvuru Village who is present in the Court, informs this Court that an extent of Ac. 0-60 cents and Ac.0-30 cents in Sy.No.128/2 and 129/1 comprises the Nagarjunasagar Project poramboke granted to the Nagarjunasagar Project by the State and that no D-Form pattas had been issued in respect of any land in Sy.No.128/2 and 129/1 of Patha Tiruvuru Village. The records do not disclose grant of any D-Form pattas. This is also the stand taken in the counter-affidavit. When the matter is taken up, there is no representation on behalf of the petitioner. In the light of the averments in the counter-affidavit, as verified by the records, the petitioner has failed to make out any case supporting his claim of having been issued D-Form patta and to the recording of the land in Sy.No.128/2 and 129/1 of Patha Tiruvuru Village in his name by issuance of patta passbooks. In the circumstances, no case is made out for grant of relief. The writ petition is accordingly dismissed. There shall be no order as to costs. _________________________ GODA RAGHURAM, J 15th April, 2008 GRR To 1.2CCs to 2.2CD copies