THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION Nos.27752 and 27756 of 2007 Between: Isukapatla Venkat Rao and another. .. PETITIONERS and The District Collector and another. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION Nos.27752 and 27756 of 2007 COMMON ORDER: Since similar questions that arise for consideration in these writ petitions, the same are taken up together for disposal by way of common order. It is the case of the petitioners that they are owners and possessors of the lands admeasuring Ac.48-65 cents and Ac.51-43 cents in Sy.Nos.35 and 36 of Kommadi Village, Visakapatnam Rural Mandal, Visakapatnam, and the said lands were given to them in survey and settlement operations under patta Nos.130 and 144 and the same are recorded in all settlement and revenue records. Even, prior to grant of pattas, the fathers of the petitioners are in possession of the said lands. It is stated that the petitioners want to alienate the said lands to some third parties and, therefore, they applied for ‘No Objection Certificate’ before the 2nd respondent for the purpose of registration of the said lands in favour of third parties. But, so far, the 2nd respondent has not issued ‘No Objection Certificate’. On written instructions, learned Government Pleader for Revenue appearing for the respondents submits that the land in Sy.No.35 admeasuring Ac.48-65 cents is notified as Government land in the Government land list of Kommadi Village under Section 22-A of the Registration Act, 1999, along with other Government lands of Kommadi Village. It is stated that relevant entries in all the revenue records have been manipulated by some other names, but the names of the petitioners have not been found even in the manipulated records. Further, the names of the petitioners were not at all entered as pattadars in Settlement Fair Adangal, 10 (1) Register and Village Account No.3 of Kommadi Village, but some other names have been subsequently inserted. It is further stated that the lands are under the control of the Forest Department and the petitioners are not in possession and enjoyment of the lands in question. Therefore, the petitioners are not entitled for ‘No Objection Certificate’. In view of the aforesaid written instructions obtained in Rc.No.652/07, dated 27-12-2007, I am of the opinion that the disputed questions of fact cannot be decided in these writ petitions. However, in the absence of any provision for grant of ‘No Objection Certificate’, the petitioners are not entitled for any relief as claimed in the writ petitions. Further, it is specifically stated that the lands in question are notified as Government lands in the Government land list of Kommadi village under Section 22-A of the Registration Act, 1999. I am of the opinion that unless the Government land list of Kommadi Village under Section 22-A of the Registration Act, 1999 is questioned and the petitioners establish their right, title and possession, the petitioners are not entitled for any relief as claimed in the writ petition. Accordingly, the writ petitions are dismissed. However, it is open for the petitioners to establish their right, title and possession over the lands in question. There shall be no order as to costs. ___________ 12-02-2008 Prv