IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1427 of 2008 Between: Smt. U. Narayanamma, w/o. Chandraiah, D/o. Late Padigala Peda Chandram, @ Peda Chandraiah, Aged 540 Years, Occ: Household, R/o. Kamalapuram (V), Manuguru (M), Khammam District. ..... PETITIONER AND The Tahasildr, Cherla (M) at Cherla, Khammam District. .....RESPONDENT 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 or direction preferably writ of mandamus declaring the action of the respondent in issuing D-Form patta in favour of Smt. S. Vijayalaxmi without notice to the petitioner and also inaction on the part of the respondent in furnishing copy of the D-form patta issued to one Smt. S. Vijayalaxmi in respect of the land admeasuring Ac. 4-25 cents in RS No. 6/1 situated at Dandupeta (V) Cherla(M) of Khammam District, as illegal, arbitrary, and violative of principles of nature justice and consequently direct the respondent to furnish copy of patta to the petitioner without any further delay. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondent: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed by the petitioner stating that her father is the owner and pattadar of the land admeasuring Ac.4.25 cents in R.S.No.6/1 situate at Dandupeta Village, Cherla Mandal, Khammam District. The then Special Tahsildar (Mahal Abolition) by order dated 16.4.1994 declared that the petitioner is entitled for patta and accordingly allowed her to continue in occupation of the said land on payment of assessment. Later on, without issuing any notice to the petitioner, a D-form patta in respect of the said land has been issued to one Smt.S.Vijayalaxmi. The grievance of the petitioner is that since she is the successor to the original pattadar, she alone is entitled to be in possession of the said land and D-form patta cannot be issued in favour of third parties. It is also stated that she issued a legal notice on 5.6.2007 to the respondent to furnish a copy of the alleged D-form patta and to restore possession but so far she has not received any reply. Hence this writ petition. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. The respondent has filed a counter affidavit inter alia stating that the petitioner is not in possession of the subject matter of land; that the said land is a government land and the same was originally assigned to one S.Vijayalakxmi on 30.7.1996 on compassionate grounds by the government. It is further averred in the counter that the document produced by the petitioner dated 16.4.1974 stated to have been issued by the Special Tahsildar (Mahal Abolition) is not an order or document issued by the Special Tahsildar. The revenue records show the name of S.Vijayalaxmi only as the original assignee and, therefore, the petitioner has no title to the said land. In view of the above counter averments, the learned counsel for the petitioner submits that the petitioner wants to challenge the assignment granted in favour of the said Vijayalaxmi and seeks a direction to the respondent to furnish a copy of the said assignment order granted in favour of Vijayalaxmi. In the circumstances without going into the merits of the matter, the writ petition is disposed of directing the respondent to furnish a copy of the assignment granted in favour of the said Vijayalaxmi to the petitioner expeditiously. No costs. N.V.RAMANA,J Dt.25.7.2008 Note: Furnish CC in one week. (B/o) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Tahasildr, Cherla (M) at Cherla, Khammam District. 2 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 3 2CD copies