THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.No.789 of 2005 JUDGMENT: (Per the Ho’nble Sri Justice B.Prakash Rao) The petitioners herein, who are claiming to be the owners of the land to an extent of Ac.82-35 cents situated in Sy.Nos.425, 521,525, 527, 529/A, 560 and 445/A2, 445/A3, 445/A4 of Kodurupadu village, Nellore Mandal, Nellore District since 1920 having purchased the same, and since then they are being in possession submits one B.Jagannadha Rao filed declaration and in CC.No.18020/NLR/75 dated 17-11-1982 the land Reforms Tribunal declared that the holding was less than ceiling limit, however, the same was proposed to be acquired. However, the same was assailed successfully in W.P.No.575 of 1977, which was allowed by orders dated 18-7-1978. Therefore, the petitioners have subsequently in the year 2003 filed an application for grant of pattedar passbooks whereupon after the enquiry and correspondence between the respondents herein no passbooks have been issued. However, a notice was issued on 16-10- 2004 to the said B.Jagannatha Rao as to why the assignment should not be cancelled, to which an explanation dated 20-10-2004 was filed and ultimately no orders were passed. Since the very same lands were sought to be distributed among the poor, the petitioners have filed W.P.No.518 of 2005. During the pendency of which, on behalf of the respondents, the endorsement dated 20-1-2005 was pointed out and accordingly the writ petition has become infructuous. Hence, the present writ petition is filed challenging the said endorsement dated 20-1-2005. In the said endorsement, it was stated that the explanation submitted is not satisfactory and the lands are not ryotwari lands. Challenging this aspect, the petitioners claim that there is no basis to say that the lands are not ryotwari. Hence, the writ petition. Contesting the claim, on behalf of the respondents, the entire claim has been denied. During the course of the hearing this matter has come up along with O.S.A.21 of 2005, which is also being disposed of today i.e., 19- 4-2010 holding the claim of the State in regard to the very same lands as assigned lands and set aside the entire action in trying to proceed against the lands treating it as if they belong to the company in liquidation. It was held therein that the lands are assigned lands and the question of meddling by, sale or otherwise is not permissible and therefore the entire sale is vitiated and set aside. In view of the aforesaid findings already given in the connected proceedings and that the lands in question are assigned lands and except making a bald statement that the lands were acquired in the year 1920, no other material is forthcoming to show that it is a private land or ryotwari land, all these dispute cannot possibly gone into by this Court under extraordinary jurisdiction under Article 226 of the Constitution of India. Hence, we are constrained to hold that the petitioners have totally failed to make out any case to warrant any interference. There are no merits in the writ petition and the same is accordingly dismissed. No costs. _________________ B.PRAKASH RAO,J ________________ R.KANTHA RAO,J Dt: 19 -04-2010 Grk THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO W.P.No.789 of 2005 Dated:19-04-2010