IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4235 of 2009 Between: Smt.Ghousia Begum, W/o.Ad.Nazir Ahmed R/o.21-172, Maqsood Manzil, Janda Street, Nellore, Potti Sree Ramulu Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Potti Sree Ramulu Distict at Nellore. 3 The Revenue Divisional Officer, Nellore Division, Nellore Town, Potti Sree Ramulu Nellore District. 4 The Mandal Revenue Officer, Nellore Mandal, Potti Sree Ramulu Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring in action on the part of the Respondent No.2 in not disposing of petitioners representations Dated 26-7-2008 and 2-2-2009, is arbitrary, illegal and had athe effect of ciolation of fundamental rights u/a 14, 19 & 21 of the Constitution of India and consequently direct the 2nd Respondent to dispose of my representations Dated: 26-7-2008 and 2-2-2009 at an early date. Counsel for the Petitioner: MR.C.B.RAM MOHAN REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4235 of 2009 ORDER: The petitioner claims rights over an extent of Ac.1.46 cents of land in Survey No.573/5 of Nellore Town, on the strength of Hiba stated to have been made in favour of herself on 16.06.1988 by her father-in-law. She submitted an application recently before the District Collector, Nellore, the second respondent, with a request to grant Occupancy Rights Certificate as well as No Objection Certificate, to enable her to enjoy the property. Her grievance is that no steps were taken thereon. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. Even from the averments made by the petitioner in her application before the second respondent as well as in the affidavit filed in support of the writ petition, it is evident that the land is part of Inam. If that be so, the petitioner has to approach the Inam Deputy Tahsildar constituted under the A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short ‘the Act’) for grant of Occupancy Rights Certificate. The application has to be filed in the prescribed form and on receiving the same, the Inam Deputy Tahsildar would have an occasion to examine the matter, duly issuing notices to the affected parties, if any. The second respondent does not figure anywhere in the hierarchy of the authorities under the Act. Therefore, no action can be expected from him. Hence, the writ petition is disposed of leaving it open to the petitioner to approach the Inam Deputy Tahsildar having jurisdiction over the area with an application in prescribed form. As and when such an application is made, the authority concerned shall examine the same, duly issuing notices to the affected parties, if any, and with reference to relevant provisions of law. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.03.03.2009 Note: Issue CC in two days. (b/o) VGB