THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.29823 OF 2011 ORDER: The petitioner questions the inaction of the respondents in not considering his representation dated 14.3.2011; and the observations of the 1st respondent in his order dated 19.2.2011 directing resumption of the land; as being arbitrary, illegal and contrary to law. The Joint Collector, Nellore by proceedings dated 19.2.2011, held that no DKT patta had been granted in favour of Rapuru Krishnaiah; it was a case of irregular and fraudulent ‘D’ form patta and pattadar passbook having been obtained by him; and under B.S.O. 15(18), irregular and fraudulent ‘D’ form pattas should be cancelled. He directed the Tahsildar to resume the land in favour of the Government, and include the said land in the Prohibitory Order Book for usage for public purposes as the land is situated within 5 kilometers of Kavali Municipality. Both the petitioner and Sri Rapuru Krishnaiah were informed that a revision would lie before the Chief Commissioner of Land Administration, Hyderabad against the said order. The petitioner submitted a representation on 14.3.2011 stating that he was a landless poor and, since he did not have any property other than the land which was in his occupation, a patta should be issued in his favour along with title deeds. Since the petitioner claimed to be in possession of the land for the past several decades, the learned Government Pleader was granted time to obtain instructions. Learned Government Pleader, on instructions, would state that the petitioner was never in possession of the land; he had encroached upon the land after the writ petition was filed; and had started ploughing the land with a view to give an impression that he was in possession of the land for a long time. It is not for this Court to examine whether or not the petitioner is in possession of the land, more so in a writ petition wherein the person in whose favour pattadar passbook was issued earlier has not even been arrayed as a respondent. Since a revision lies against the order of the Joint Collector, and as the order of the Joint Collector can be questioned by Sri Rapuru Krishnaiah before the Chief Commissioner of Land Administration, Hyderabad, I consider it appropriate to dispose of the writ petition directing the respondents herein to consider the petitioner’s request for assignment of land along with other eligible persons, in case he satisfies the conditions for assignment under the Board Standing Orders. It is made clear that such consideration would be subject to the revision, if any, being filed by Rapuru Kirshnaiah before the Chief Commissioner of Land Administration, Hyderabad. The writ petition is, accordingly, disposed of. No costs. __________________________ RAMESH RANGANATHAN, J 16th November, 2011 pnb