IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8868 of 2002 Between: 1 P.Rathnam S/o.Munaswamy R/o.Thellagundlapalle H.W., Vedurukuppam Mandal, Chittoor District. 2 P.Paradesaiah S/o.Munaswamy R/o.Thellagundlapalle H.W., Vedurukuppam Mandal, Chittoor District. 3 P.Sarojamma W/o.Late P.Venkataswamy R/o.Thellagundlapalle H.W., Vedurukuppam Mandal, Chittoor District. ..... PETITIONERS AND 1 The District Collector Chittoor, Chittoor District. 2 The Revenue Divisional Officer, Chittoor, Chittoor District. 3 The Mandal Revenue Officer, Vedurukuppam, Chittoor 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in interfering with the possession and enjoyment of the petitioners in respect of the lands to an extents of Ac.0.50 cents, Ac.0.25 cents, Ac.0.25 cents in Sy.No.19/1 of Develampeta Village, Vedurukuppam Mandal,Chittoor District as illegal, unjust, arbitrary, mala fide and without jurisdiction, violative of principles of natural justice. Counsel for the Petitioners: MR.S.V.MUNI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8868 of 2002 ORDER: These three petitioners allege that land admeasuring Acs.2.05 in survey No.19/1 of Devalampeta village of Vedurukuppam Mandal in Chittoor District (hereafter, petition schedule land), is in their possession. It is alleged that Tahsildar, Puttur, granted Eksal patta for an extent of Acs.0.60 on 04.1.1977 in favour of first petitioner and that similar pattas were granted to second petitioner and husband of third petitioner in respect of Acs.0.25 each. They also submit that after cultivating the land, they applied for regular pattas. Though pattas were granted to others, Revenue authorities did not grant regular pattas to them. They also referred to proceedings in Civil Court between them and another third party. Be that as it is, they allege that third respondent at the instance of local politicians, trying to dispossess petitioners, aggrieved by which, the present writ petition is filed for declaration and direction. Counter affidavit is filed by the Mandal Revenue Officer, Vedurukuppam. It is the case of respondents that petition schedule land situated in Devalampeta village is classified as Manchineella Kunta, and therefore, DKT patta cannot be granted. First petitioner is Fairprice shop dealer, who was granted Eksal patta for Acs.0.50 about twenty five (25) years ago and subsequently it was cancelled. During ‘Neeru Meeru’ programme, the tank desilted successfully and at that juncture, present writ petition is filed. The petition schedule land is classified as poramboke and tank bed land, and therefore, no patta can be granted. Counter affidavit is filed way back in 2002, but no reply affidavit is filed denying counter averments. This Court heard learned Counsel for petitioners and learned Assistant Government Pleader for Revenue (Andhra Area). In view of unrebutted averment that petition schedule land is classified as Manchineella Kunta, which was desilted recently, allegation of petitioners that they are in possession cannot be accepted. Eksal pattas granted to petitioners in 1977 but they themselves do not lead to any inference that they are still in possession. The fact that petitioners are in possession is not proved, and therefore, writ petition is misconceived. The writ petition is accordingly dismissed. No costs. _____________ (V.V.S.RAO,J) August 07, 2009 YS