HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 2364 of 2010 DATED: 22.02.2010 Between: Nallebelli Butchalamma .. Petitioner And Govt. of A.P. And four others .. Respondents O R D E R:- The petitioner asserts that she owns an extent of Ac.6.00 cents of dry land in Sy.No.173-7 situated in Duggada village, having acquired the same in succession from her late husband, Swami Naidu. She states that respondent Nos.4 and 5 issued title deed and pattedar passbook, vide Patta No.153, in her favour mentioning that the property in question is an ancestral property. While so, the petitioner states that she partitioned the land in question among the members of her family and handed over the original pattedar passbook to the 5th respondent requesting him to issue separate pattedar passbooks in favour of the members of her family on the partition effected by her, but the 4th respondent orally stated that the land in question is a Trust property and the petitioner has no right over it and fresh pattedar passbooks in favour of her family members will be issued only after completion of enquiry. Then, the petitioner made representation dated 16.11.2009 requesting the 5th respondent either to return her pattedar passbook or to furnish the reasons for withholding the same or to issue fresh pattedar passbooks in favour of the members of her family. Now, the grievance of the petitioner is that the 4th respondent has neither conducted an enquiry nor returned her pattedar passbook nor issued fresh pattedar passbooks in favour of the members of her family. Hence, the petitioner has filed the present writ petition seeking appropriate directions. The learned Government Pleader for Revenue appearing for the respondents, on instructions, has submitted that about 60 years ago, the land in question was in the name of Sri Ramalayam Temple of Duggada village, and in that connection, an enquiry was sought to be conducted, as such, respondent Nos.4 and 5 refused to return the original pattedar passbook, which was issued in the name of the petitioner, nor did they furnish separate passbooks in favour of the members of her family in lieu of the partition. Heard the learned counsel for both the parties and perused the material placed on record. It appears that after a long time, the respondents have raised an objection stating that the land in question belongs to a temple, and in that connection, an enquiry was sought to be conducted, as such, the petitioner’s original pattedar passbook could not be returned nor could fresh pattedar passbooks be issued in favour of her family members. This is too late in the day. When the husband of the petitioner was holding pattedar passbook, and after his demise, the land in question was succeeded to the petitioner, who was holding pattedar passbook, vide Patta No.153, nothing prevented the official respondents either from issuing fresh pattedar passbooks in favour of the members of the petitioner’s family on the partition effected by her, after conducting enquiry or from returning the original pattedar passbook held by the petitioner herself. The respondents have adopted a novel method in denying issuance of fresh pattedar passbooks to the members of the petitioner’s family in the guise that the land belongs to the Temple 60 years ago. If really the land belongs to the temple, it is for the authorities of the Temple to raise appropriate proceedings under the Endowments Act for recovery of the land, but the respondents, straight away, cannot refuse to return the pattedar passbook, which was collected from the petitioner, nor can they refuse to issue fresh pattedar passbooks on the partition effected among the members of her family. Therefore, I am of the considered view that the action of the respondents in withholding the original pattedar passbook of the petitioner in respect of the land admeasuring Ac.06.00 cents in Sy.No.173-7 situated in Duggada village, is arbitrary and illegal. For the foregoing reasons, this writ petition is allowed and the respondents are directed either to return the original pattedar passbook and title deed to the petitioner or to issue fresh pattedar passbooks and title deeds in favour of the members of the petitioner’s family on the partition effected by her in respect of the land in question. No costs. ______________ C.V. RAMULU, J 22nd February, 2010 bcj