HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8852 of 2007 18.01.2008 Between: N.Chandramma and another … Petitioners AND The District Collector, Krishna and others … Respondents HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8852 of 2007 ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to distribute the petitioners’ land of Ac.0.40 ¾ cents covered by Survey No.86 of Bollapadu Village without acquiring the same and without paying compensation as illegal and arbitrary. In the affidavit filed in support of the writ petition, petitioner No.1 claimed that she and petitioner No.2, who is her younger sister are absolute owners and possessors of the above mentioned extent of property; that the said property was purchased by their mother and guardian through sale deed, dated 09.05.1984 when they were minors and that on 20.03.2007, respondent No.3 along with his survey staff visited the petitioners’ land and started undertaking survey work. At the petitioners’ enquiries, respondent No.4 stated that they are proposing to distribute the said land to the weaker sections people under housing scheme. The grievance of the petitioners’ is that though they are the absolute owners of the property, the respondents are seeking to take away the said land without following due process of law. Respondent No.2 - Revenue Divisional Officer and Land Acquisition Officer, Nuzvid Division, Krishna District filed counter- affidavit, wherein it is mentioned that an extent of Ac.1.45 cents in R.S.No.86 is classified as Grama Kantam Adi Andhra in the Village Accounts and the same is identified for issue of house site pattas to the weaker sections people; that notice was also issued by Tahsildar and published in the Notice Board of Bollapadu Gram Panchayat inviting objections, if any, for allotment of Village site and that no objections were received in response to the said notice. It is further stated that Tahsildar, Vuyyuru Mandal issued pattas to 37 beneficiaries on 24.12.2006 and handed over possession of the land to them. Respondent No.2 denied the claim of the petitioners that it is a private land and asserted that the land in respect of which the petitioners sought for relief in this writ petition is a Government land and, therefore, they cannot claim any right over the same. Heard Sri M.Sudheer for Sri Satyanarayana Nimmagadda, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. In support of the plea that the petitioners are the owners of the land, they filed a photocopy of registered sale deed, dated 09.05.1984. Except the said document, no other documents have been filed to show that the property, which was allegedly purchased by them, was not a Government property. Though the counter affidavit was filed in July, 2007, no reply affidavit has been filed contradicting the contents of the counter affidavit. In view of the fact that there are competing claims with regard to the title of the property, this Court cannot go into and adjudicate the disputed claim of title. Therefore, I am not inclined to grant any relief to the petitioners. The writ petition is accordingly dismissed. However, liberty is given to the petitioners to approach the competent civil Court seeking declaration of title and consequential reliefs. As a sequel to dismissal of main petition, WVMP.No.2673 of 2007 is dismissed and interim order, dated 26.04.2007 passed in WPMP.No.11331 of 2007 is vacated. C.V.NAGARJUNA REDDY, J 18th JANUARY, 2008. kvni