IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2349 of 2005 Between: V.M.Ramudu and four others. … Petitioners And The District Collector, Anantapur District, Anantapur and three others. … Respondents Counsel for the petitioners: Sri V.L.Surendra Counsel for respondents: AGP for Revenue for R.1 and R.2. Sri S.V.Ramana for R.4. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the action of respondents 2 and 3 in trying to dispossess the petitioners from the lands in Survey Nos.454-A and 452 of Yadiki village and Mandal. The petitioners sought for a consequential direction to respondent No.1 to issue house site pattas in their favour. Heard Sri V.L.Surendra, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for R.1 and R.2, and Sri S.V.Ramana, learned counsel for respondent No.4. The petitioners claimed to be in possession of certain house sites for 10 to 12 years prior to the filing of the Writ Petition and they approached the Mandal Revenue Officer, respondent No.2 herein, and District Collector, respondent No.1 herein, for assignment of house site pattas in respect of the said house sites. Their grievance is that while their request for grant of pattas was not considered, respondent No.2, with the connivance of the Station House Officer, Yadiki, respondent No.3 herein, is threatening them to vacate the said land. On behalf of respondents 1 and 2, respondent No.2 filed a counter-affidavit, wherein it is, inter alia, stated that the land in occupation of the petitioners belongs to endowments Department; and that the petitioners never represented to them to assign the said land for house sites. It is further averred that on verification of Village Accounts, Ryotwari Pattas in Form No.VIII were issued in the name of Diety-Sri Lakshmi Chennakesava Swamy and, subsequently, several registered sales have taken place in favour of third parties and pattadar pass books were issued in their favour. Respondent No.4, who got impeladed in the Writ Petition, in his affidavit stated that the land admeasuring Ac.2.27 cents in Survey Nos.454/A1, A.3, A.4 and 452/A was originally an Inam land; that his grand-father, after obtaining permission from the Revenue Authorities, purchased the said land in the year 1966; that he succeeded to the said property and is in possession of the same. He further stated that since the lands are patta lands, the question of the revenue authorities assigning the same in favour of the petitioners does not arise. He also stated that when two persons, by name, Sri M.C.Peddanna and K.Pullaiahchari, started interfering with his possession, he filed O.S.No.268 of 2004 on the file of the learned Junior Civil Judge, Tadipatri for grant of permanent injunction and obtained temporary injunction orders in I.A.No.147 of 2004 against the said two persons on 20- 9-2004. Though the petitioners averred in their affidavit that they are in possession of the property in dispute for 10 to 12 years, no material is filed in support of the said assertion. Similarly, their claim, that they made representations to respondents 1 and 2 for grant of house site pattas, is not supported by any evidence. As noted earlier, respondents 1 and 2, in their counter- affidavit specifically denied any such representations having been made by the petitioners. Moreover, it is the case of respondents 1 and 2 and also respondent No.4 that the property originally belonged to a religious institution and the grand-father of respondent No.4 purchased the same under a registered sale deed. In the face of these averments contained in the counter-affidavit, which remain uncontroverted, the petitioners are not entitled to any relief in this Writ Petition as they failed to make out any legal right for grant of the relief claimed in this Writ Petition. The Writ Petition is, therefore, dismissed. --------------------------------------- - C.V.NAGARJUNA REDDY, J Date:02-07-2008 MNR