IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 4987 of 2005 Between: 1 Agri Gold Farms Ltd., Rep. by its Chairman & Managing Director, V.R. Rao Avvas S/o. A. Venkata Appa Rao, D.No. 40-1-21/21, Catholic complex, M.G. Road, Vijayawada-10. 2 Agri Gold Farms Estates India Pvt. Ltd. Rep. by its Managing Director,A.V.S.N.Rao S/o. A. Venkata Appa Rao, D.No. 40-1-21/21, Catholic complex, M.G. Road, Vijayawada-10. 3 Mr. A.Sitarama rao S/o. A.Venkata Appa Rao Residing at D.No. 6-3-668/10/4, Durganagar Colony, Punjagutta, Hyderabad-500082, the authorized signatory of the 1st Petitioner and the Director of the 2nd Petitioner. ..... PETITIONERS AND 1 The Special Secretary, Revenue Department Government of A.P. Secretariat, Hyderabad. 2 District Collector, Ongole, Prakasham District. 3 Revenue Divisional Officer, Markapuram, Prakasam District. 4 Mandal Revenue Officer, Racharla Mandal, Prakasham District. .....RESPONDENTS Counsel for the Petitioners: Smt Chandana Madala Counsel for Respondents: GP FOR REVENUE The Court made the following : O R D E R: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Writ of Mandamus to direct the respondents to recognize the right and title of the petitioners over the lands admeasuring Acs.296.00 in J.P.Cheruvu Village, Racharla Mandal, Prakasham District in the light of the title deeds and pattadar passbooks issued by the respondents. Heard Smt Chandana Madala, learned counsel for the petitioners, and the learned Assistant Government Pleader for Revenue. The petitioners claim that they have purchased Acs.296.00 of land for the purpose of growing Julie flora. They have pleaded that the original owners represented to them that they were in possession and enjoyment of the land since 1983 and the petitioners’ enquiries with the Sub-Registrar, Giddalur, Prakasham District, revealed that the lands were not Government lands, but the same were patta lands. They also pleaded that they applied for pattadar passbooks and after necessary enquiry under the provisions of Section 5(a) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1989, respondent No.4 issued pattadar passbooks and in pursuance of the same, the petitioners are in possession of the said property. The petitioners averred that on seeing a newspaper report on 10-07-2004 that the lands in question are forest lands, they addressed letter dated 10-07-2004 to the District Collector, Prakasham District to intervene and do justice and that the District Forest Officer, Giddalur in another news report issued on 22-07-2004 clarified that the lands in question are not forest lands. The petitioners also pleaded that respondent No.3 issued notices dated 24- 11-2004 to them and also to their vendors asking them to attend an enquiry on 13-12-2004 and explain about their title and that a legal notice was got issued by the petitioners to the vendors under the sale deeds on 04-04-2002 and 09-04-2002. The petitioners stated that on 03-03-2005, the officials of the respondents visited the lands in question and advised the people present there to vacate the same for distribution of the lands to landless poor persons. In the counter-affidavit filed by respondent No.4, it is pleaded that the vendors of the petitioners were assignees of the Government land and that therefore, the purchase by the petitioners is in contravention of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the 1977 Act’) and hence, no rights have accrued to the petitioners. It is also averred that issuance of pattadar passbooks and title deeds in respect of assigned lands purchased by the petitioners does not confer any right or title on the petitioners over the lands since the provisions of Section 12 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 exempt the Government lands from the application of the said Act. A perusal of the prayer in the writ petition shows that the same is declaratory in nature qua the title over the property. Exercising jurisdiction under Article 226 of the Constitution of India, this Court does not embark upon examination of such an issue. The petitioners have chosen a wrong remedy by filing this writ petition, because if they are interested in getting their title declared, the common law remedy of a suit is the only appropriate remedy for them. However, in the context of the grievance of the petitioners that the respondents are seeking to allot the land in question to third parties, it is required to be observed that on an unilateral conclusion that the lands held by the petitioners are assigned lands, it is not permissible for the respondents to dispossess the petitioners without following due process of law. If the respondents are of the opinion that the lands in dispute are assigned lands, and were purchased by the petitioners in contravention of the provisions of the 1977 Act, it is incumbent upon them to initiate appropriate proceedings under that Act and until they follow the due procedure under the provisions of the said Act, they cannot deprive the petitioners of the property in their possession. With the above observations, the writ petition is disposed of. C.V.NAGARJUNA REDDY,J Dated 3rd July, 2008 vrn