IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 9264 of 2001 Between: Sri Vinayaka Backward Class, Field LabourCoop.Society, Pedapatnam Lanka, represented byits President Vsamsetty Venkatswar Rao, son of Srirasmulu, 45 yrs, Peddapatnam Lanka, MamidikuduruMandal E.G.Dt. .... PETITIONER AND 1. The District Collector, Kakinada, E.G. District. 2. The Revenue Divisional Officer, Amalapuram, E.G. District. 3. The Mandal Revenue Officer, MamidikuduruMandal, E.G.District. 4. Sri Venkateswara Agnikulakshatriya Fishermen Coop. Society Ltd., No.31, Pedapatnamlanka, Razole Taluq. Rep. Byits Incharge Prsident Namely, P.Suryanasrayana, S/o Sathiraju, Resident of Pedapatnamlanka, Mamidikuduru Mandal, E.G.District. .....RESPONDENT 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents 1 to 3 in not taking action for assignment of the lanka lands situated in Pedapatnamlanka to a total extent of Ac.60.52 cents in spite of orders issued by the Government in G.O.Ms.No.970, dated 25-8-76 and other consequential proceedings as highly illegal, arbitrary and violative of Art.14 and 21 of the Constitution of India and consequently direct the respondents 1 and 2 herein to take action for assignment of the lands situated in Pedapatnamlanka village to an extent of Ac.60.52 cents as per the instructions contained in G.O.Ms.No.970, dated 25-8-1976. Counsel for the Petitioner :MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: MR.K.SATYANARAYANA MURTHY The Court made the following : ORDER: This Writ Petition is ﬁled assailing the alleged inaction of the respondents-authorities in assigning the Godavari lanka lands admeasuring Ac.60-52 cents situated in Pedapatnamlanka in Mamidikuduru Mandal, East Godavari District. 2. It is the case of the Petitioner-Society that its members, totaling 88 in number, occupied the subject extent of Ac.60.52 cents the Godavari Lanka lands known as Pedapatnamlanka in Mamidikuduru Mandal, East Godavari District. The Petitioner-Society ﬁled a Writ Petition earlier before this Court, being W.P.No.7714 of 1995, seeking consideration of the case of the members of the Society for assignment of the lands in their occupation and this Court by order dated 19-4-1995, disposed of the Writ Petition directing the authorities to consider the case of the Petitioner- Society’s members in accordance with the relevant G.O. existing at that time. It is stated that in pursuance of this order, assignment proceedings dated 24-5-1998 were issued, leasing an extent of Ac.45.77 cents in favour of the members of the Petitioner-Society. Their grievance, in the present Writ Petition, is that the entire extent of Ac.60-52 cents ought to have been assigned to them instead of the restricted area of Acs.45.77 cents. It is their further grievance that at the instigation of Sri Venkateswara Agnikulakshutriya Fishermen Co-operative Society, the 4 th respondent herein, the Mandal Revenue Oﬃcer, Mamidikuduru Mandal, E.G. District attempted to interfere with their possession over the subject land and hence, the present Writ Petition. 3. The 4th Respondent-society ﬁled a Counter- Aﬃdavit stating to the eﬀect that the Petitioner- Society had been granted an assignment only in respect of about Ac.44-00 cents, but taking beneﬁt of their advantageous position, the members of the Petitioner- Society were encroaching upon the newly erected adjacent Lanka lands. It is further stated that the 4th Respondent-Society’s members, being landless, had made strenuous eﬀorts to get the authorities to assign the said land in their favour and an extent of about 9 or 10 acres, being the Lanka land bearing No.898. Bit No.10, was identiﬁed in this regard and had been leased out to the 4th Respondent-Society in the month of April, 2001. It is also stated that the Respondent-Authorities found various irregularities in the assignment made in favour of the members of the Petitioner-Society. It is contended that the petitioner- Society, having suppressed these facts, had approached this Court by way of the present Writ Petition seeking assignment of the entire land in its favour. 4. In the light of the multifarious disputed questions of fact which emanate from the pleadings referred above, it is manifest that the issues sought to be raised in the Writ Petition do not display a disposition to judicial review in a Writ Petition ﬁled under Article 226 of the Constitution of India. Further, it is for the Petitioner-Society to establish its entitlement on facts for the assignment sought by it in the present Writ Petition. It is not for this Court, in a Writ Petition, to decide disputes with regard to possession over land and the entitlement of rival parties to lay a claim thereupon. 5. The Writ Petition is therefore misconceived and is accordingly dismissed. There shall be no order as to costs. ___________________________ Justice P.V.SANJAY KUMAR Dated 30th October, 2008. Dvs HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.9264 OF 2001 Dated 30th October, 2008