THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14348 OF 2003 DATED:19.11.2010 Between: A.Krishna Raju and others .. Petitioners And The District Collector, Chittoor District, Chittoor and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14348 of 2003 ORDER: The petitioners filed the instant writ petition seeking a writ of mandamus declaring the action of the respondents in interfering with the possession of the petitioners over the Plot Nos.1 and 3 to 8 situated in Survey No.65/7, Tirupati Urban Mandal, Chittoor District, as illegal and arbitrary and for a consequential direction not to interfere with the possession of the petitioners over the said plots in Survey No.65/7. The case of the petitioners is that they are Ex-servicemen. Considering their applications, the Sainik Board recommended for assignment of house site pattas. The third respondent allotted house site pattas to an extent of Acs.0.02 ½ cents by proceedings dated 20.08.1986. All the petitioners were given separate proceedings allotting house sites with different plot numbers. The petitioners further alleged that they levelled the plots, thatched huts and are enjoying them. They also approached the financial institutions for construction of pucca houses. In that connection, the third respondent issued ‘No Objection Certificate’. In spite of the same, the respondents are trying to resume the land without due process of law. Counter affidavit is filed by the respondents. It is the case of the respondents that petitioner Nos.1 to 5 and 7 herein earlier filed W.P.No.25751 of 1999. The same was disposed of on 15.07.2002 directing the Revenue Divisional Officer (RDO) to conduct enquiry into the genuineness of the house site pattas. It is their further case that after conducting enquiry, the RDO found that the pattas produced by the petitioners are forged and fabricated one. This Court heard counsel for the petitioners and Assistant Government Pleader for Revenue (Assignment). The petitioners have not filed any reply affidavit denying the counter averments. Therefore, at least to the extent of the RDO conducting enquiry in obedience to the order of this Court in W.P.No.25751 of 1999 stands admitted. If the petitioners are aggrieved by the finding of the RDO that the house site pattas on which petitioners relied on are forged and fabricated, the remedy is to prefer an appeal to appropriate higher authority in the revenue administration. Unless and until the finding of the RDO is set aside, the petitioners cannot have any right to enforce the proceedings under Article 226 of the Constitution of India. Therefore, liberty is given to the petitioners to avail appropriate remedy under law for seeking necessary redressal. The Writ Petition is accordingly disposed of. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 19.11.2010 KH