IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No : 25867 of 2001 Between: M.Kuppuswamy Naidu S/o. late M.Venkat Subbaiah Naidu R/o. H.No.12/132 to 134, M.K.Naidunagar, Tiruchanur, Tirupati (M), Tirupathi, Chiittoor District. ..... PETITIONER AND 1 The Joint Collector, Chittoor District, at Chittoor. 2 The Revenue Divisional Officer, Tirupathi, Chittoor District. 3 The Mandal Revenue Officer, Tirupathi, Chittoor District. 4 Inams Deputy Tahsildar, Chittoor Collectorate, Chittoor. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, order or direction, declaring the action of the respondents in not issuing Certified Copies of 10(1) Extract of Inam Settlement Register, Adangal and Solvency Certificate for Rs. 25.00 Lakhs for the lands of the petitioner in S.Nos. 263/2, 264/2, and 265/2 vide Patta No. 149 as illegal, arbitrary and without jurisdiction, consequently, direct the respondents to issue certified copies of the same to the petitioner and award costs Counsel for the Petitioner: MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.25867 OF 2001 ORDER: The writ petition is filed seeking for issuance of a writ of Mandamus declaring the action of the respondents in not issuing certified copies of 10 (1) Extract of Inam Settlement Register, Adnagal and Solvency Certificate for Rs.25 lakhs in respect of the land of the petitioner situated in S.Nos.263/2, 264/2 and 265/2 vide patta No.149 as illegal, arbitrary and without jurisdiction and consequently direct the respondents to issue certified copies of the same to the petitioner and for costs. The case of the petitioner as stated in the affidavit filed in support of the writ petition, is as follows: The writ petitioner is the pattedar and possessor of lands admeasuring Ac.0-15 cents in S.No.263/2, Ac.1.61 cents in S.No.264/2 and Ac.2.25 cents in S.No.265/2 situated at Tiruchanur, Tirupathi Rural, Chittoor District. He is also in possession and enjoyment of several lands in S.Nos.263/1, 263/3 and 263/4, 264/1 and 265/1 and 3 since 1947 in respect of which appeals are pending with the 2nd and 4th respondents with regard to grant of occupancy rights under Inams Abolition Act. He has been paying land revenue in respect of the above lands. Patta was granted to him vide No.149 in respect of the lands in S.Nos.263/2, 264/2 and 265/2 and the same was entered into the village Settlement Register and all the revenue records including adangals. In respect of the lands in S.Nos.263/2, 264/2 and 265/2, the petitioner was granted ryotwari patta by Inams Deputy Tahsildar, Chittoor in SR No.138/1985 on 23-10-1985. Gazettee notification was also issued showing that the lands in S.Nos.263/2, 264/2 and 265/2 are under his ownership. Several land grabbers including one Subbarayudu had been claiming ownership over these lands. The Writ Petition in W.P.No.26595/95 before this Court was filed seeking grant of patta pass books. The unofficial respondent in the writ petition Sri Subbarayudu claims that the lands of the petitioner form part of S.No.264/4. The petitioner is not at all concerned with S.No.264/4. So far as his lands covered by patta No.149 granted vide Proceedings No.SR/138/85 dated 23- 10-1985, the patta has become final. The petitioner submitted an application to the 3rd respondent marking copies to the other respondents on 2-7- 2001 for issuance of certified copies of 1) Form No10 (1) extract of Inam Settlement Register, 2) Adangal, 3) Solvency Certificate for Rs.25,00,000/-. The 3rd respondent in the month of July, 2001 vide proceedings No.D/1010/2001 issued endorsement to the effect that the certified copies as sought by the petitioner cannot be issued and the relevant records are with the 4th respondent. On the representations of the petitioner before the 1st and 4th respondents, an endorsement No.571/2001 dated 1-9-2001 is issued rejecting his application for certified copies on the ground that his lands are disputed lands. Hence, the writ petition is filed. In the Counter affidavit filed by the 3rd respondent, it is stated as follows The contention of the petitioner that he is the pattadar and possessor of the lands admeasuring Ac.0.15 cents in S.No.263-2 and Ac.1.61 cents in S.No.264/2 and Ac.2.25 cents in S.No.265/2 of Tiruchanur village is not correct. As a matter of fact, the orders of the Inam Deputy Tahsildar, Chittoor in S.R.No.138/95 dated 23- 10-1985 allowing the claim of the petitioner in respect of the above lands is duly challenged before the appellate authority and the Revenue Divisional Officer, Tirupathi under Section 7 (2) of the Inams Abolition Act and the said appeal is still pending disposal in Roc G/4370/86. Hence, it cannot be construed that the petitioner is the true owner of the said lands as claimed by him. With regard to the possession and enjoyment, a civil suit is pending in O.S.No.9 of 1996 under I.A.No.32 of 1996 on the file of the Principal Subordinate Judge, Tirupathi in which the present writ petitioner is the respondent. As per award No.1/2001 dated 20-4- 2001 of I.A.O. and Tirupathi Urban Development Authority, with regard to S.No.264/2, there is a dispute with regard to the title in between Dr.Subbarayudu, D.V.S.Raju and the present writ petitioner and the compensation amount has been ordered to deposit in a civil Court under Section 30 of I.A. Act for adjudication. The orders under Section 145 of Cr.P.C. is still in force with regard to the lands comprising in S.No.263/2, 264/2, 265/2 and 265/3 issued by the Mandal Executive Magistrate and Mandal Revenue Officer, Tirupathi Rural in Roc.A/1208/93 dated 10-04-1997. I have perused the material available on record. A perusal of the averments made in the affidavit filed in support of the writ petition coupled with the contentions raised by the 3rd respondent in the counter, makes it clear that there is dispute with regard to the land in question and apart from that, statutory appeals and the civil suits and also the proceedings of the revenue authorities under section 145 Cr.P.C are pending with regard to the said lands. In this factual background of the matter, I feel that it is not desirable to conclude whether the claim of the petitioner can be considered or not at this stage of the proceedings. Therefore, it is not a fit case to consider the case of the petitioner and as such, this writ petition is devoid of merits and consequently, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ________________________ Justice G.CHANDRAIAH Dated 23rd April, 2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.25867 OF 2001 Dated 23rd April, 2009