THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.28235 OF 2010 ORDER: This writ petition has been instituted seeking a Writ of Mandamus for declaring the in-action of the Respondent No.2 in not conducting an enquiry as per the directions of the 1st respondent/District Collector, Visakhapatnam, in his proceedings dated 18.09.2010. 2. The Tahsildar, Sabbavaram Mandal, Visakhapatnam, has filed a detailed counter affidavit in the matter. It is pointed out that the 1st respondent/District Collector, Visakhapatnam, has received an application through the Prajavani Scheme from the petitioner with a request to survey the land in Sy.No.55 of Nallaregalapalem Village and issue pattedar passbooks. Based thereon, the Collector made an endorsement to conduct an enquiry into the matter as per rules and to send a report on the action taken in the matter. In paragraph 3, it is stated by the Tahsildar, Sabbavaram Mandal, that the father of the writ petitioner Sri Pathakam Setty Jagga Rao does not own any land in Sy.No.55/1 of Nallaregulapalem Village and on the other hand, he is an encroacher to an extent of Ac.0.90 cts in Sy.No.55/1, which land is classified as Government land. It is also asserted that the father of the writ petitioner owns zeroythi land measuring an extent of Ac.0.60 cts in Nallaregulapalem Village. Therefore, the question of issuing a pattedar passbook for land in Sy.No.55 or conducting any survey operations therein would not arise. 3. In view of this specific averment contained in the counter affidavit filed by the Tahsildar, Sabbavaram Mandal, Visakhapatnam, I consider it appropriate to dismiss this writ petition, in as much as, unless the writ petitioner establishes his enforceable legal right to the land in Sy.No.55, the question of conducting or undertaking survey operations or issuance of pattedar passbooks in his favour would not arise. Hence, this writ petition is dismissed with costs of Rs.500/-. _______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 16th December, 2011 Sp