IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 5011 of 2005 Between: 1 T. Penchalaiah, S/o. Ramanaiah, R/o. Dada Raju Palem, Venkatachalam Mandal, Nellore District. 2 T. Penchalamma, W/o. Ramanaiah, R/o. Dada Raju Palem, Venkatachalam Mandal, Nellore District. ..... PETITIONER(S) AND 1 The District Collector, Nellore District, Nellore. 2 The Revenue Divisional Officer, Nellore. 3 The Mandal Revenue Officer, Venkatachalam Mandal, Venkatachalam, Nellore District. .....RESPONDENT(S) 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, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in threatening to dispossess the petitioenrs from the lands total admeasuring Ac. 3.10 cents in Sy.No. 680, situated in Kanapur-I Village accounts, Venkatachalam Mandal, Nellore District as arbitrary, violative of principles of natural justice and illegal and consequently direct the respondents to regularise the possession of the Petitioners of the said lands and grant them DKT pattas in respect of the said lands with all other consequential benefits and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.JAGAPATHI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Oral order: The writ petition is misconceived and is therefore liable to be dismissed. The petitioners allege that the respondents are threatening to dispossess them from the lands in an extent of Ac.3-10 guntas in Sy.No.680, Kanapur-I Village, Venkatachalam Mandal, Nellore District. The petitioners assert to be the landless poor persons in occupation and enjoyment of the land since the last more than three decades. They spent a substantial amount for reclaiming the lands and brought them under cultivation. They claim to have applied for grant of a patta but were granted only a lease for fasli years i.e., from 1400 to 1402 as per proceedings dated14-3-1991. In 1993 after expiry of the lease period the 3rd respondent threatened the petitioner with dispossession. The petitioners thereupon filed W.P.No.12801 of 1993 seeking a direction to the respondents 1 to 3 for grant of a patta. On 16-12-1994 an interim direction was granted in the writ petition directing the respondents not to interfere with the possession of the land by the petitioners. The said writ petition was however withdrawn. The petitioners again represented for grant of DKT patta. The 3rd respondent called the petitioners on 4-3-2005 and asked them not to enter the land, since the lease in their favour had expired and they cannot continue in possession. The petitioners are aggrieved with the threatened dispossession and the failure of the respondents in not granting them DKT patta. Admittedly, the land belongs to the State and the petitioners are now in unlawful possession of the same. They seek grant of pattas by the State but have failed to implead the State of Andhra Pradesh as a party in this writ petition. Instead they impleaded the District Collector, Nellore District; the Revenue Divisional Officer, Nellore; and the Mandal Revenue Officer, Venkatacham. As the State which is a necessary and proper party has not been impleaded, no relief can be granted to the petitioners. The writ petition is accordingly dismissed. There shall be no order as to costs. __________________________ GODA RAGHURAM, J 15th April, 2008 GRR To 1.2CCs to 2.2CD copies