THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 4996 of 2006. ORDER: The petitioner seeks issuance of Pattadar Passbook for Ac. 16.00 of agricultural land in S.No. 274 of Venkannapalem village, Pedagantyada Mandal, Visakhapatnam District. According to the petitioner (Para-3), the State allotted him Ac. 5.00 in S.No. 274. He has neither produced any proceedings disclosing any such allotment nor furnished any date on which such allotment was made. He further claims that he has been paying land revenue since then for the land. Further, he states that he has ancestral property of Ac. 11.00 in the same survey number 274 having inherited from his grand father through his father and that as he has Ac. 11.00 of land in S.No. 274, he prayed for allotment of Ac. 5.00 in the same survey number under ex-servicemen quota. The Mandal Revenue Officer, Pedagantyada in a letter dt. 10.5.1993 addressed the R.D.O. Visakhapatnam to the effect that the petitioner has been cultivating Ac. 15.00 in S.No. 274 of Pedagantyada since 1965 to 1985 and that he may be considered for adding “the above land in the name of Dharmela Satya Rao”. Aggrieved that no Pattadar Passbook has been issued for the entire Ac. 16.00 in S.No. 274, the present writ petition is filed. The respondent has filed a counter affidavit dt. 7.11.2006 denying any entitlement of the petitioner to the relief. In detail, it is contended that the petitioner encroached a portion of the land and is claiming assignment to him under the Ex-servicemen quota and that he never filed any application for allotment of land under Ex-Servicemen quota nor produced any identity card or military discharge certificate in support of his contention. The counter further states that the very plea of the petitioner is strange because on one hand, he states that he is having ancestral patta land of an extent of Ac. 11.00 in S.No. 274 while for the rest of Ac. 5.00 in the same survey number he claims entitlement to assignment as an Ex-Serviceman. In the same survey number, there cannot be patta land and Government land as well. It is further pleaded that there was no grant of pattas in S.No. 274 of Pedagantyada village. The counter specifically states that the entire land covered by S.No. 274 of Venkannapalem village H/o Padagantyada is an hillock poramboke and there is no patta land in the said survey number.. With regard to the letter of the Mandal Revenue Officer, Pedagantyada dt. 10.5.1993, the counter affidavit specifically pleads that it did not emanate from the official proceedings of the MRO and it is only an internal correspondence addressed to the RDO, Visakahapatnam seeking permission to initiate assignment proposals. In the counter, it is specifically pleaded that neither the petitioner nor his ancestors were never assigned any land and that as the petitioner is in illegal occupation of the Government land, he is not entitled to any assignment. Further, it is pleaded that Pedagantyada village was amalgamated to Gajuwaka Municipality since November 1990 and has become a municipal area as well as covered by coastal zone regulation; therefore no assignment of land could be made in favour of any person including the petitioner. It is further pleaded that the petitioner is not in physical possession of the land and therefore no proceedings for eviction need be taken. Characterising the entire writ petition as misrepresentation of facts, the counter of the Mandal Revenue Officer, Pedagantyada denies any entitlement of the petitioner to any of the reliefs. No affidavit in rebuttal or response to the counter affidavit of the Mandal Revenue Officer is filed by the petitioner. In the aforesaid circumstances, since the State denies the entitlement of the petitioner, denies his possession of any land in S.No. 274 of Pedagantyada villae and asserts that one time encroacher and no longer in possession and that on account of the area becoming a municipal area and falling within the coastal regulation zone prohibiting assignment, no relief can be granted to the petitioner. The writ petition is devoid of merits and is accordingly dismissed. There shall be no order as to costs. ________________________ GODA RAGHURAM, J 10.3.2011. KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 4996 of 2006. ORDER: Dt.10.3.2011.