THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.11880 OF 2006 O R D E R Heard both the counsel. 2. Aggrieved by the inaction of the respondents – revenue officials in considering the representation of the petitioner dated 25.2.2006 for granting D form patta for the land to an extent of 0-90 cents in Sy.No.652-16 in Bodumalluvari Palle Village, Chittoor District and in trying to grant patta to some third parties, the present writ petition is filed. 3. The case of the petitioner as stated in the affidavit filed in support of the writ petition is that he is a landless poor person and for eking out his livelihood he occupied Government land admeasuring 0-90 cents situate at Bodumalluvari Palle Village, Chittoor District, about forty years ago at the instance of the revenue authorities and that by putting efforts and money, he brought the land under cultivation and his name was also entered in the possessor column in Adangal since 1992 and that when he came to know that the revenue authorities are assigning the land to some other person, he filed representation dated 25.2.2006 to the Sub Collector for assignment of D form patta, but no action has been taken till now and hence he filed the present writ petition. 4. The 3rd respondent – Mandal Revenue Officer filed counter affidavit and while denying the averments of the petitioner that he is a landless poor person, stated inter alia that the petitioners family is having Acs.2-01 cnts of dry land in Piler village and that he owns a pucca house bearing door No.1-1234 in Kotapalli H/O Piler village and that he possessed a pink (sugar) card bearing no.41661 and his family’s annual income is Rs.26,000/-. He further stated that the land in question is situated very nearer to Piler town (Mandal Head Quarters) at a distance of below 1 Km abutting to National highway 205 – Tirupati to Madanapalli road and very useful for public needs. Further there is band for assignment of Government lands in Towns, Municipalities, District Head Quarters within one mile belt from their periphery in view of future requirements of Government vide G.O.Ms.No.634 Revenue (Assign.III) Department dated 2.7.1990. It is stated that the advance possession of the land was already handed over to the Tourist Information Officer, Regional Tourist Information Bureau, Tirupati on 22.4.1998 for wayside amenities pending finalization of alienation proposals on payment of market value as per Joint Collector, Chittoor proceedings in Roc.No.B1/20373/95 dated 15.4.1998. With these averments, the writ petition was sought to be dismissed. 5. The petitioner field reply and denied the averments made in the counter affidavit. 6. From the above averments it could be seen that the case of the petitioner is that he is a landless poor person and he is in possession of the land in question since forty years and from 1992 his name is entered in possessor column in the Adangal. A copy of the adangal is also filed along with the material papers. The further case of the petitioner is that he is in possession of the land in question even as on today. On the other hand, the case of the Government while disputing the economic status of the petitioner is that the land was taken possession on 22.4.1998. Therefore there is any amount of dispute with regard to economic status of the petitioner and the possession of the and in question and this court under Article 226 of the Constitution of India cannot delve into the disputed questions of fact. But as per the averments made in the writ affidavit it could be seen that the petitioner made representation on 25.2.2006 to the Sub Collector for assignment of D form patta and the said representation is not considered and no orders are passed on the same. 7. Therefore, having regard to the above facts and circumstances, the writ petition is disposed of directing the respondents to pass appropriate orders in accordance with law on the representation of the petitioner dated 25.2.2006 for grant of D form patta for the land in question, after giving reasonable opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. No costs. AVS -------------------------------- 02—12—2009