THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.12957 of 2006 ORDER: This writ petition is filed seeking a writ of mandamus declaring the inaction of the respondents in issuing the Land Regularization Certificate in respect of the land admeasuring 267 square yards situated in S.Nos.5, 6 and 7 of Vepagunta Village, Adavu Varam Mandal, Visakhapatnam, as illegal, arbitrary and in violation of the order dated 17.07.2003 passed by this Court in W.P.No.13191 of 2003, wherein this Court directed the second respondent to consider the case of the petitioner for issuing Land Regularization Certificate in respect of the above said extent of land and to pass appropriate orders in accordance with G.O.Ms.No.578, dated 19.08.2000. It is the case of the petitioner that he purchased the above said land from Smt.Uppalapati Achayamma and Smt.Uppalapati Saraswatamma through their G.P.A Holder Sri T.V.Ramana Murthy under a registered sale deed dated 30.03.1996 and since then he is in possession and enjoyment of the said land. Thereafter, there were disputes with regard to the ownership of the said land and the adjacent lands pursuant to a claim raised by the second respondent-Sri Varaha Lakshmi Narasimha Swamy Vari Devasthanam. Therefore, the first respondent issued G.O.Ms.No.578 Revenue (Endowments) Department dated 19.08.2000 directing the persons in occupation of their respective extents of lands to have their rights regularized on payment of 70% of the market value to the Executive Officer of the second respondent-Devasthanam. Accordingly, the petitioner paid an amount of Rs.56,070/- on 18.07.2000 by way of demand draft in favour of the second respondent-Devasthanam and made an application for issuance of Land Regularization Certificate from the Regularization Committee. But, however, the Regularization Committee has not considered his request. Therefore, he filed W.P.No.13191 of 2003 and this Court by order dated 17.07.2009 directed the second respondent to consider the case of the petitioner and pass appropriate orders in accordance with G.O.Ms.No.578, dated 19.08.2000. Despite such directions issued by this Court, the second respondent-temple has issued Land Regularization Certificate in his favour on 10.01.2004 in respect of 88.55 square yards only situated in Survey No.5 of Vepagunta Village, though he is in possession of 267 square yards. Hence, this writ petition. A counter-affidavit has been filed by the second respondent- Devasthanam stating that the petitioner is not in occupation of any land in Survey Nos.6 and 7, but he encroached 88.66 square yards in Survey No.5 of Vepagunta Village; that the petitioner filed W.P.No.13191 of 2003 before this Court for issuance of Land Regularization Certificate in respect of the land admeasuring 267 square yards situated in S.Nos.5,6 and 7 of Vepagunta Village; that as per the directions of this Court in the said writ petition, Land Regularization Certificate was issued to the petitioner on 10.01.2004 in respect of the land, which he encroached and that the application of the petitioner for regularization was processed and the Surveyors of the second respondent-Devasthanam were deputed to measure the land claimed by the petitioner and to identify as to in which survey number the said land is situated. Accordingly, the Surveyors visited the land claimed by the petitioner and found that no land was in his occupation in Survey Nos.6 and 7 as claimed by him and they found that he was in occupation of land in an extent of 88.66 square yards in Survey No.5 of Vepagunta Village. The second respondent intimated the said fact to the petitioner and issued Land Regularization Certificate to him in respect of 88.66 square yards, by proceedings dated 10.01.2004. The Land Regularization Certificates were issued on the basis of illegal physical occupation of Devasthanam lands and not on the basis of sale deeds and other documents obtained by the individuals. Heard both sides. At the outset it is to be noted that as per G.O.Ms.No.578, dated 19.08.2000, the persons in occupation of the lands are entitled to regularization on payment of 70% of the market value to the Executive Officer of the second respondent-temple. In the instant case, the petitioner claims to be in possession of 267 square yards and seeks Land Regularization Certificate to that extent. But, however, in the counter-affidavit as well as the survey report, the petitioner was shown to be in occupation of 88.66 square yards of land only in Survey No.5 of Vepagunta Village belonging to the second respondent-temple, and therefore, Land Regularization Certificate was issued to the said extent only. Since granting of Land Regularization Certificate to the extent of 88.66 square yards is based on the ground realities and survey report, the same cannot be found fault with. In the circumstances, the writ petition is dismissed. At this stage, the learned counsel for the petitioner submits that he wants to make an application for regularization for the rest of the land also, since the respondents are considering similar cases. If the respondents are considering any such cases, the petitioner is at liberty to make a representation to the respondents. There shall be no order as to costs. N.V. RAMANA, J Date: 06.07.2010 va