IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 3201 of 2001 Between: 1 Suvvada Varahalamma, W/o. Late Suvvada satayanarayana, R/o. Bodapeta Village Hamlet of Vallure, Nerlimarla Mandal, Vizianagaram District. 2 Kaddagala Vara Lakshmi, W/o. Tammi Naidu, R/o. Bodapeta Village Hamlet of Vallure, Nerlimarla Mandal, Vizianagaram District. 3 Suvvada Ravi Sekhara Rao, S/o. late Satyanarayana, R/o. Bodapeta Village Hamlet of Vallure, Nerlimarla Mandal, Vizianagaram District. ..... PETITIONERS AND 1 Joint Collector, Vizianagaram District. 2 District Collector, Vizianagaram District. 3 Mandal Revenue Officer, . Vizianagaram District. 4 Mandal Revenue Officer, Nerlimaral Mandal. Vizianagaram 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 a Writ of Mandamus or any other appropriate Writ and direct the respondent to act in accordance writ Law and forbear from assigning the land of the Petitioner totally admeasuring Acs. 33.38 in O.d Sy.No.86\8 (New Sy.No.84) of Pedatarimi Village, Nerimarla Mandal, Vizianagarm District Without following the procedure of Law and Without notifying the Petitioner. Counsel for the Petitioner: MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following : THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No : 3201 of 2001 O R D E R: The present Writ Petition is ﬁled seeking a direction to the Respondents to act in accordance with law and to forbear from assigning the Petitioners’ lands admeasuring Acs.33.48 cents in old Sy.No.86/8(new Sy.No.84) of Pedatharimi Village, Nerlimarla Mandal, Vizianagaram District without following the procedure of law. The Petitioners claim that their predecessors-in- title, Sri Suvvada Appala Naidu purchased the said land under a Registered Sale Deed dated 04-03-1947. After the death of the said Suvvada Appala Naidu, the subject property is said to have been inherited by the First Petitioner’s husband, late Suvvada Satyanarayana. As per the aﬃdavit ﬁled in support of the Writ Petition, the Petitioners claim to be in possession of the subject lands. It is stated that they were issued pattadar passbooks after the death of Sri Suvvada Satyanarayana. It is also stated that Sri Suvvadda Satyanarana, during his life time, approached this Court by way of W.P.No.3520 of 1992 seeking a direction to the Respondents therein not to interfere with his possession and enjoyment in respect of the subject lands and this Court by order dated 11-03-1992 disposed of the Writ Petition directing the Mandal Revenue Officer, Nerlimarla Mandal, Vizianagaram District not to interfere with the possession and enjoyment of the Petitioner therein over the subject land except in accordance with law. According to the Petitioners in the present Writ Petition, in spite of the said order, the Joint Collector, Vizianagaram District came to the said land and sought to interfere with the possession of the Petitioners over the subject land. Aggrieved thereby, the present Writ Petition is filed. The Mandal Revenue Oﬃcer, Nerlimarla ﬁled a counter aﬃdavit on behalf of the Respondents stating to the eﬀect that the subject lands situated in Sy.No.84 (old Sy.No.86/8) of Pedatharimi Village of Nerlimarla Mandal, are classiﬁed as Government Lands in the Revenue records and that the same were given on lease to 49 Schedule Caste beneﬁciaries by proceedings in R.C.No.412/92/A dated 27-02-1992 and that they were put in possession of the lands allotted to them. It is stated that suppressing these facts, late Suvvada Satyanarana ﬁled the earlier Writ Petition, W.P.No.3520 of 1992 and obtained ex parte orders. It is stated that by the time the said order was passed, the land has already been handed over to the Schedule Caste beneﬁciaries on 27-02-1992. It is vehemently denied that the Petitioners were ever in possession of the subject lands and the fact that pattadar pass books were issued to them is sought to be explained by stating that the same were manipulated and would reﬂect that interpolations were made in the record clearly disentitling the Petitioners from relying upon them. This Court, by order dated 23-02-2001, directed status quo to be maintained. However, in the light of the several disputed questions of fact which are thrown up by the pleadings aforestated, it is not within the jurisdiction of this Court in a Writ Petition ﬁled under Article 226 of the Constitution of India to undertake an enquiry as to whether the Petitioners were in possession of the subject lands as on the date the status quo order was granted by this Court and whether the pattadar pass books relied upon by them are genuine. The remedy for the Petitioners is to approach a Civil Court of competent jurisdiction and assert and substantiate their title over the subject lands. The present Writ Petition is accordingly dismissed with the above observation. There shall be no order as to costs. _______________________ P.V.SANJAY KUMAR,J Date: 18-09-2008 KLP