THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.16431/2003 Date of Order: 31-3-2011 Between: M. Ramaiah …Petitioner and 1. The District Collector, Chittoor District at Chittoor and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.16431/2003 Oral Order: The petitioner claiming to be a resident of Manipireddipalli village, Pakala Mandal, Chittoor District and belongs to Scheduled Caste Community filed the present writ petition stating that in the year 1970, he approached the revenue officials for allotment of a house site patta as he was a landless poor person. After considering his request, he was advised to deposit the cost of the site as he was in Government service. Accordingly, he deposited the amount. On such deposit, plot No.35 was allotted to him vide proceedings in ROC No.B2/YHS-2/80 dt. 14-9-1970. Subsequently, DKT patta No.B2/VHS- 2/80 allotting plot No.35 ad-measuring Ac.0-05 cents in S.No.1471/3 to 8 and 10 and 11. Since then, he has been in possession and enjoyment of the site. When some unauthorized persons interfered with his possession, he filed OS No.100/1979 before the Principal District Munsif, Tirupathi, which was decreed in favour of the petitioner and the judgment passed in OS No.100/1979 was confirmed in AS No.139/91 on the file of District Judge, Chittoor. The defendants in the suit, who failed in their attempts, instigated the second respondent, who frequently visiting the petitioner’s house and threatened him to dispossess from the site. In the counter-affidavit filed by the Mandal Revenue Officer, Pakala, it was stated that the petitioner was never granted any house site patta ad-measuring Ac.0-05 cents in S.No.1471/3 to 8 and 10 and 11 in plot No.35 situated in Manipireddypally village. Actually, the land in question is vacant on ground and there was no construction at any point of time. There is an open well in the land and the villagers are using the well water for all purposes and the rest of the land is kept vacant for communal purposes of the village. While denying the averment that the petitioner was granted Ac.0-05 cents vide DKT patta No.B2/VHS/2/80 dt. 14-9-19970 by the then Tahsidlar, Chandragiri, as per the proceedings of the then Additional Social Welfare Officer, Chittoor in ROC No.03/16345/69 dt. 5-8-1970, the Mandal Revenue Officer stated that alleged patta and Tahsildar’s proceedings are forged and fabricated and no such proceedings were issued by the then Tahsildar. Considering the averments made in the counter-affidavit, which have not been controverted by filing a reply, this court by order dt.14-7-2006 in WVMP No.2086/2004 vacated the interim order granted on 6-8-2003 passed in WPMP No.20388/2003. Even after vacating the interim order stating that an averment is made in the counter affidavit, which remains uncontroverted, that the petitioner was never granted patta, the petitioner has not chosen to file a reply even after five years after vacation of the interim order granted on 6-8-2003. In view of the same, the averments made in the counter- affidavit are deemed to have been accepted. When the petitioner asserts that he was granted patta, it is incumbent upon him to establish the same before the appropriate forum by filing appropriate case. The disputed questions of fact cannot be decided in a summary manner under Art.226 of the Constitution of India. For the foregoing reasons, no relief can be granted to the petitioner. The writ petition is accordingly dismissed. No costs. ________________ A.GOPAL REDDY, J. Dt.31-3-2011 kmr