IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4071 of 2009 Between: 1.Darsigunta Bhaskar @ Bodeiah S/o. Budda Chenchaiah R/o. Arundatiyawada, Muthukur Village and Mandal, Sri Potti Sriramulu Nellore District. 2.Darsigunta Sanjeevaiah S/o. Budda Chenchaiah R/o. Arundatiyawada, Muthukur Village and Mandal, Sri Potti Sriramulu Nellore District. 3.Darsigunta Chinnaiah S/o. Budda Chenchaiah R/o. Arundatiyawada, Muthukur Village and Mandal, Sri Potti Sriramulu Nellore District. ..... PETITIONERS AND 1 The District Collector, Sri Potti Sriramulu Nellore District at Nellore. 2 The Revenue Divisional Officer, Nellore, Sri Potti Sriramulu Nellore District. 3 The Tahsildar, Muthukur Mandal, Sri Potti Sriramulu Nellore District. .....RESPONDENTS 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 of Mandamus or any other appropriate writ or direction declaring the action of the respondents in not issuing the pattadar passbooks and title deeds in favour of the petitioners in respect of the land admeasuring an extent of Ac.0.40 cents in Sy.No.303/1-2 and land admeasuring an extent of Ac.0.22 cents in Sy.No.302/2E situated in Muthukur Village and Mandal, Sri Potti Sriramulu Nellore District, as illegal, arbitrary and consequently direct the respondents to issue pattadar passbooks and title deeds in favour of the petitioners herein in respect of land admeasuring an extent of Ac.0.40 cents in Sy.No.303/1-2 and land admeasuring an extent of Ac.0.22 cents in Sy.No.302/2E situated in Muthukur Village and Mandal, Sri Potti Sriramulu Nellore District. Counsel for the Petitioners: MR.C.SUBODH Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4071 of 2009 ORDER: The petitioners claim to be in possession of different extents of land in Survey Nos.303/1-2 and 302/2E of Muthukur Village and Mandal, Nellore District. They submitted representations before the District Collector, Revenue Divisional Officer and Tahsildar at different points of time, with a request to issue pattadar pass books in their favour. This writ petition is filed stating that no action has been taken on the representations made by the petitioners. It is complained that the respondents are trying to dispossess the petitioners from the land in question. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The question of issuing pattadar pass books to an individual would arise, if only he acquires rights in the property through purchase, succession or assignment by the Government. Though the petitioners state that they have been assigned lands few decades ago, no proof thereof is filed before this Court. Unless and until the nature of accrual of right vis-à-vis the property is shown by the petitioners, the respondents cannot be directed to issue pattadar pass books. Be that as it may, in case the petitioners have long standing possession over the land, they may submit applications for grant pattas in their favour. It is only after the pattas are granted, the pattadar pass books can be issued. Therefore, the writ petition is disposed of leaving it open to the petitioners to approach the respondents for grant of pattas as regards the lands, which are said to be in their possession. Necessary action shall be taken thereon, after due verification. Status quo obtaining as on today over an extent of Ac.0.40 cents in Survey No.303/1-2 and Ac.0.22 cents in Survey No.302/2E of Muthukur Village and Mandal, Nellore District shall be maintained for a period of four weeks. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.02.03.2009 VGB