IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM W.P.Nos. 7349; 7351 and 7365 of 2008 WRIT PETITION NO : 7349 of 2008 Between: Sunkaranenipeta Paraspara Sahaya Sangam Ltd., Sunkaranenipeta, rep. by its President Sri Sunkaraneni Balanarsaiah, S/o. Ramachandraiah, H.No.11-82, Shivaji Road, Narsampet Village & Mandal, Warangal District. ..... PETITIONER AND 1 The District Collector, Warangal. 2 The Revenue Divisional Officer, Narsampet, Warangal District. 3 The Forest Divisional Officer, Warangal (S), Warangal District. 4 The Tahsildar, Khanapur Mandal, Warangal 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 directing the respondents not to dispossess the petitioners from the assigned land in Survey Nos. 185/1, 270/1 & 406/100/1, admeasuring Ac.165, Ac.200 & Ac.27 1/2 respectively situated in Dharmaraopet Village, Khanapur Mandal, Warangal District; and further, direct the respondents to demarcate and enter the boundaries to each assignee as per the patta certificates issued by the 4th respondent viz., the Tahsildar, Khanapur Mandal vide proceedings No.B/1415/1993 dated 29.11.1993 and as per the letter of 2nd respondent in Rc.No.C/B/376/05, dated 21.09.2005 issue pattedar pass books and pass Counsel for the Petitioner:MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR REVENUE WRIT PETITION NO : 7351 of 2008 Between: Sunkaranenipeta Paraspara Sahaya Sahakara Sangam Ltd., Sunkaranenipeta, rep by its President Sri Sunkaraneni Balanarasaiah, S/o. Ramachandraiah,H.No.11-82, Shivaji Road, Narsampet Village and Mandal, Warangal District. ..... PETITIONER AND 1 The District Collector, Warangal, 2 The Revenue Divisional Officer, N Narsampet, Warangal Dist., 3 The Divisional Forest Officer, Warangal(South), Warangal, 4 The Tahsildar, Khanapur Mandal, Warangal Dist. .....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 ordirectionmore particularly one inthenature of a writ of Mandamus directing the respondents not to dispssess the petitioners from theassigned land in Survey No.s1/85 to 1/195 admeasuring Acs.555.00 situated in Pocharam Village, Khanapur Mdnal, Warangal District; and further direct the respondents to demarcate and enter the boundariesl to each assignee as per the patta certificates issued byk the 4th respondent i.e. the Tahsildar, Khanapur Mandal vide Proc.No.B/1414/1993 dt. 30.10.1993 and issue pattedar pass books and pass Counsel for the Petitioner:MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR REVENUE WRIT PETITION NO : 7365 of 2008 Between: Sunkaranenipeta Paraspara Sahaya Shakara Sangam ltd., Sunkaranenipeta, rep by its President Sri Sunkaraneni balanarsaiah S/o Ramachandraiah H. no. 11-82, Shivaji Road Narsampet Villge & Mandal, Warangal District. ..... PETITIONER AND 1 The District Collector, Warangal 2 the Revenue Divisional Officer, Narasampet, Warangal District. 3 The Forest Divisional Officer Warangal (S), Warangal District. 4 The Tahsildar, Khanapur Mandal, Warangal 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 issue a Writ order or direction more particularly one in the nature of Writ of mandamus: a) declaring the action of the respondents in not giving pattedar pass books and title deeds in respect of the land admeasuring 1999-30 acres and 10 acres land in Survey No. 56/3 and 92 in Budhraopet and Pocharam Villages of Khanapur Mandal, Warangal District as per the orders of the statutory autority i.e, the Forest Settlement Officer in proceedings No. D/767/77, dated 09/12/1988 U/s. 10 (2) of A.P. Forest Act, 1967 as upheld bythe Hon'ble District Judge, Warangal in C.M.A. No. 54 of 1990 dated 07/04/1992, as arbitrary and illegal consequently, direc tthe respondnets to issue pattedar pass books and title deeds in respect ofthe said land: and b) declaringthe actionof the 3rd respondent in interfering with the possession and enjoyment of the said land as illegal and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and render justice. Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following common order: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 7349; 7351 & 7365 of 2008 23-04-2009 Oral Common Order: The issue raised in all the above writ petitions is common and hence they are disposed of by this common order. The petitioners, in substance, seek a direction to the respondents not to dispossess them from the specified lands in Dharmaraopet village, Khanapur Mandal, Warangal District claiming grant of pattas to them issued by the 4th respondent vide proceedings dated 20-11-1993. The 4th respondent has filed a counter affidavit on behalf of the respondent Nos. 1 and 2 as well dated 12-06-2008. In paragraph No.2 of the counter, it is stated that in 1961-62 and 1969-70 an extent of Ac.100.31 guntas and Ac.25s.33 guntans in survey No. 185/1 of the village was assigned to landless poor persons out of total extent of Ac.461.33 gguntas. The balance area i.e., Ac. 335-09 guntas is under the control of the Forest Department. In 1969-70 and 1974-75 another extent of Ac.2-04 and Ac.190-35 guntas in survey No. 270/1 village was assigned to the landless poor persons out of total extent of Ac. 626-12 guntas in that survey number. The remaining extent of Ac.433-13 guntas is under the control of the Forest Department. Further, according to the counter, in 2000 the Forest Range Officer, Gudur, and the then Mandal Revenue Officer, Khanapur conducted joint inspection of the lands in survey Nos. 185/1 and 270/1 and illegal encroachments for several years in the lands in question, was discerned. It is the specific case of the 4th respondent as set out in paragraph No.3 of the counter that no patta certificates as claimed by the petitioners were issued to the members of Sunkaranenipeta Paraspara Sahaya Sahakara Sangam Ltd., Sunkaranenipeta in the year 1994, that the patta certificates dated 29-11-1993 claimed to have been issued by the then Mandal Revenue Officer, Khanapur are fake and there is no document available in the official records in proof of such assignment. It is further asserted that these lands are in the reserve forest, though under encroachment and no assignment could be made of lands in the reserve forest without de-reserving. Since the patta certificates presented by the petitioners are fake and not genuine, they cannot be treated as lawful owners and occupants of the land and no patta can be issued on the basis of the claimed assignment in the year 1993-94, is the case of the State. The substantive claim of the petitioners is to demarcate and enter the boundaries of the land assigned to each of them by virtue of patta certificates issued by the 4th respondent and for a direction to the 4th respondent to issue pattadar passbooks and title deeds to them. As the official respondents qua the counter affidavit of the 4th respondent specifically and clearly deny, the genuineness of the patta certificates asserted by the petitioner, a serious factual dispute exists which needs to be resolved before the Civil Court of competent jurisdiction. No relief under Article 226 of the Constitution of India is therefore warranted in the circumstances. On the aforesaid analysis, there are no merits. The writ petitions are dismissed with liberty granted to the petitioners to pursue appropriate remedies before the Civil Court of competent jurisdiction. No costs. ____________________ GODA RAGHURAM, J Dated: 23-04-2009 Pvks