THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4025 OF 2002 DATED:18.06.2010 Between: Pellarusetti Umamaheswara Rao .. Petitioner And The Collector, Krishna District at Machilipatnam and another .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4025 of 2002 ORDER: The Writ Petition is filed challenging a notice being R.C.D.No.130/2001, dated 31.12.2001 issued by the Revenue Divisional Officer (RDO), Gudiwada. By the said notice, the RDO advised Smt.P.Kanakamma (mother) and Smt.Koka Veera Raghavamma (maternal aunt) of the petitioner to attend an enquiry in his office on 14.01.2002. Though the notice was issued to the petitioner’s mother, curiously she did not file Writ Petition, probably for the reason that the relief sought is writ of mandamus declaring the action of the respondents in nullifying the patta granted in favour of the petitioner, as illegal and arbitrary. Be that as it is, a counter affidavit is filed by the second respondent, namely, the Mandal Revenue Officer (MRO), which contains the uncontroverted averments as follows. The grandfather of the petitioner has encroached an extent of Acs.2.45 cents of land in R.S.No.58/5, 6 and 7 of Bhaskararaopet Village, Hamlet of Pedalanka, Kalidindi Mandal, Krishna District. He got patta issued in favour of his physically handicapped daughter Smt.Koka Veera Raghavamma in 1977. The assignee sold the land to petitioner’s mother for a sum of Rs.1,50,000/-. Subsequently, during Janmabhoomi Programme, the dispute between assignee and alienee was brought up. An enquiry was conducted by the MRO, Kalidindi, leading to cancellation of patta granted to Smt.Koka Veera Raghavamma vide proceedings in Rc.D.No.130/2001, dated 22.01.2001 of the R.D.O. Thereafter, a regular D-Form patta was issued in favour of the petitioner vide L.D.No.28/1410, dated 17.02.2001. The original assignee Smt.P.Veera Raghavamma appears to have assailed the assignment before this Court. By an order, dated 08.02.2001, this Court set aside the cancellation order, dated 22.01.2001, and directed an enquiry. The RDO conducted enquiry, during which, Smt.Veera Raghavamma accepted having received Rs.1,00,000/- towards lease amount. Therefore, a detailed enquiry was ordered. The MRO conducted enquiry and submitted a report, basing on which, the RDO directed vide letter in D.Dis.No.130/2001, dated 22.01.2002 to take over possession of the land. The counter also admits the possession and enjoyment of the petitioner. After perusing the counter averments, which are not denied, nor controverted by filing any reply affidavit, this Court is convinced that this Writ Petition is filed on a mere apprehension. The prayer is also not properly made, though petitioner is aggrieved by the notice of enquiry issued by the RDO. Therefore, this Court is convinced that the Writ Petition is filed to preempt an enquiry by revenue authorities. Such a Writ Petition cannot be accepted. It is open to the revenue authorities to conduct an enquiry and if it is found that the petitioner is not a landless poor person, take necessary steps for cancellation of the patta. The Writ Petition, with the above observation, is dismissed. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 18.06.2010 KH