IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12289 of 2010 Between: Vadicherla Lakshmi ..... Petitioner AND The District Collector, Guntur & others. .....Respondents Counsel for the petitioner : Ch. Janardhan Reddy Counsel for the respondent : AGP for Revenue The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12289 of 2010 ORDER: This writ petition is filed for a Mandamus to declare the inaction of the respondents in issuing pattedar pass books and title deeds in respect of land admeasuring Ac.0.40 cents, Ac.0.15 cents and Ac.0.70 cents in Sy.Nos.235/4-E2, 235/4 B7B and 235/4B8 respectively of Kubadupuram Village, Rajupalem Mandal, Guntur District, as illegal and arbitrary. The petitioner claims to be in possession of the above extent of land in various survey numbers totaling to Ac.1.25 cents. The petitioner traces her possession since 1995. As the said land was belonging to the Government, she has approached the revenue department for assignment. Proceedings dated 08.01.2010 of respondent No.3, a copy of which is filed by the petitioner, shows that the same was addressed by the said respondent to the Deputy Inspector of Survey, wherein while sending the sub-division record relating to the abovementioned land, respondent No.3 has requested the Deputy Inspector of Survey to scrutinize and return the same to her office for considering assignment of land. The grievance of the petitioner is that though she has applied for issuance of pattedar pass books and title deeds, the same has not been issued. At the hearing, the learned Assistant Government Pleader for Revenue submitted that in all 15 persons have applied for assignment of land belonging to the Government and that so far assignment in favour of 6 persons was approved and that the petitioner’s application is still pending. She has further stated that the petitioner is found to be in possession of only Ac.0.50 cents of land. In my opinion, whether the petitioner is entitled to assignment over the extent of Ac.1.25 cents or Ac.0.50 cents is required to be considered and decided by respondent No.3. However, so long as the assignment has not been granted in favour of the petitioner, she is not entitled to insist on issuance of pattedar pass books and title deeds, because, under the provisions of the A.P. Rights in Lands and Pattedar Pass Books Act, 1971 (for short, “the Act”), a person, who seeks entering of his name in the record of rights and issuance of pattedar pass books, shall establish his right either as acquired over by succession, survivorship, inheritance, partition, Government patta, decree of a Court or otherwise any right as owner or pattedar, mortgagee, occupant or tenant of the land. Unless the petitioner claims right by way of a patta, no rights will accrue to her under the provisions of the Act. As admittedly no patta has been granted in favour of the petitioner so far, the relief claimed in this writ petition cannot be granted. The petitioner is permitted to pursue her application pending before respondent No.3 for assignment. The learned counsel for the petitioner submitted that the petitioner is in possession of Ac.1.25 cents of land and that respondent No.3 has earlier tried to damage the standing crop. Inasmuch as the petitioner’s possession is not seriously disputed, respondent No.3 is directed not to interfere with her possession of Ac.1.25 cents of land in various survey numbers referred to above till her application for assignment is disposed of. As a sequel to disposal of the writ petition, WPMP.Nos.15504 and 28978 of 2010 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 25.11.2010 ES