IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15128 of 2008 Between: Ramalingamma W/o.Venkatasubbaiah Bodduvaripalem(V) S.N.Padu(M) Prakasam District ..... PETITIONER AND 1 The District Collector Prakasam District at Ongole 2 The Revenue Divisional Officer Ongole Prakasam District 3 The Tahasildar S.N.Padu(M) S.N.Padu Prakasam District .....RESPONDENTS 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 writ, order or direction more in the nature of Mandamus of any other appropriate writ declaring the action of the respondents in not granting pattadar Passbooks in the name of the petitioner to an extent of Ac 0.75 cents in Sy.No.39/3 an extent of Ac.0.65 cents in SY.No.462 an extent of Ac 0.70 cents in Sy.454 and an extent of Ac.075 cents in Sy.No.399 and in total admeasuring an extent of ac.2.95 cents of Boddavaripalem(V) S.N.Padu(M) Prakasam District as per the report of Mandal Surveyor S.N.Padu(M) Prakasam District 06-6-2005 as illegal and arbitrary and consequently direct the respondents to issue necessary pattadar Passbooks and title deeds in the name of the Petitioner to the above extent of lands. Counsel for the Petitioner: MR.K.ANANDA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the petitioner stating that she was granted D.K.T.Patta No.95/93 to an extent of Ac.1.25 cents in Sy.No.399 of Bodduvaripalem Village. Her father and mother were also granted DKT pattas in respect of an extent of Ac.0.70 cents in Sy.No.454 and an extent of Ac.0.75 cents in Sy.No.462 respectively by the then Tahsildar, Maddipadu Taluq. Even before granting DKT pattas in respect of the said lands, the lands were in their occupation and enjoyment. After the death of her father and mother in the years 2002 and 2004 respectively, it is stated that she made a representation to the authorities to transfer the DKT pattas granted in favour of her parents in her favour since she is only their legal heir. Pursuant thereto, as per the directions of the Mandal Revenue Oﬃcer, the Mandal Surveyor conducted an enquiry and submitted his report on 6.6.2005 recommending for issuance of pattadar pass books and title deeds in respect of those lands to the petitioner. Thereafter, as there was no response from the authorities, she again made a representation to the 1st respondent – District Collector, Ongole requesting to grant pattadar pass books and title deeds in her favour. As there was no response even to the said representation, the present writ petition is ﬁled seeking appropriate directions. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue and perused the record. Pursuant to the notice issued by this Court on 15.7.2008, the 3rd respondent – Tahsildar, S.N.Padu Mandal ﬁled a counter aﬃdavit stating that the land in Sy.No.39 admeasuring an extent of Ac.11.06 cents of Gangavaram, H/o Bodduvanipalem Village of Santhanutalapadu Mandal is classiﬁed as Assessed Waste Dry Land and later the survey number was subdivided. The land in Sy.No.399 admeasuring Ac.2.06 cents is classiﬁed as Government poramboke and though the same was sub-divided, the entire extent was reserved for Donka purpose of the village. Similarly, the land in Sy.No.454 to an extent of Ac.0.59 cents is classiﬁed as Government Poramboke and the same is kept reserved for the purpose of burial ground of the village. Likewise the land in Sy.No.462 to an extent of Ac.2.92 cents is classiﬁed as Vagu Poramboke land of the village. But, the then Tahsildar of Maddipadu Mandal, before formation of the mandals, without personal inspection of the lands in question and ignoring the government ban orders, granted the pattas in favour of the petitioner, her father and mother without following the changes in the classiﬁcation of the lands. It is stated that except Sy.No.39, which is classiﬁed as assessed waste dry ,there is no objection for grant of DKT patta in respect of other lands mentioned therein. Regarding the lands in Sy.No.462, 399 and 454, it is stated that they are required for the public purpose and, therefore, no assignments can be granted for the said lands. Since the assignments granted in favour of the petitioner and her parents are objectionable, they are liable for cancellation. As of now, the request of the petitioner for grant of pattadar pass books and title deeds in respect of the subject matter of lands is not yet considered and the same is still pending. Perused the records produced by the learned Government Pleader. As on today, the request of the petitioner was not considered on the ground that the lands claimed by the petitioner were assigned without following the rules and the government ban orders and even though the assignees were granted pattas, they are not entitled for grant of pattadar pass books and title deeds. However, as on today, the assignments granted in favour of the petitioner and her parents were not cancelled. If at all the respondents think that those assignments were contrary to the government orders and the said lands have to be kept for public purpose, they should have taken steps for cancellation of the assignments granted earlier. Even the representation made by the petitioner was kept pending without passing any orders. In the circumstances, the 1st respondent – District Collector is directed to pass appropriate speaking orders on the representation of the petitioner after obtaining necessary reports from the Mandal Revenue Oﬃcer and communicate the same to the petitioner expeditiously. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.11.11.2008 msv