IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3718 of 2004 Between: G. Yasodamma & others. … Petitioners AND The District Collector, Chittoor, Chittoor District & others. … Respondents Counsel for the petitioners : Sri P. Jagadish Chandra Prasad Counsel for the respondents: AGP for Revenue (Assignments) This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3718 of 2004 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a writ of Mandamus to declare the action of the respondents in interfering with the petitioners’ peaceful possession and enjoyment of an extent of Ac.1.02½ cents comprised in Sy.No.695/1 of Tirupati Urban, Chittoor District, as illegal and unconstitutional. Heard Sri P. Jagadish Chandra Prasad, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue (Assignments). The petitioners claim that they were granted house site pattas in respect of the abovementioned extent on 15.12.1978 and that they have been in peaceful possession and enjoyment of the same since then. They have averred that when certain individuals, namely, R. Nagarathnamma, Anand and Guna working in S.V. University, Tirupati sought to disturb their possession, they filed O.S.No.697 of 1994 on the file of the I Additional District Munsif, Tirupati for injunction and that the said suit was decreed. The petitioners alleged that the said persons prevailed over respondent No.3, who in turn visited the petitioners’ houses on 20.02.2004 and directed them to vacate the land and that on 25.02.2004 also respondent No.3 repeated the said acts. The petitioners therefore filed the present writ petition seeking prevention of respondents, in particular respondent No.3, from interfering with their possession and enjoyment of the abovementioned property. Respondent No.3 filed a counter-affidavit in which it is stated that an extent of Ac.2.57 cents in Sy.No.695/1 of Tirupati Town is classified as AWD in the revenue records and that the same is being used as road by the residents of postal and RMA staff quarters and that as the same is being used as pathway, it is not assigned to anybody. The respondents specifically denied the petitioners’ averments that they have assigned house site pattas as false and that the alleged pattas produced by the petitioners are forged and fabricated documents. He further averred that his verification of office records shows that no such house site pattas were issued by the Tahsildar, Chandragiri on 15.12.1978. The petitioners have not filed any reply-affidavit controverting the averments contained in the counter affidavit. Except filing xerox copies of the purported pattas, the petitioners have not produced any original pattas. In the face of the specific denial of the petitioners’ claim for house site pattas and categorical assertion by the respondents that the pattas produced by the petitioners are forged and fabricated, the onus heavily lies on them to prove that the pattas under which they are claiming right are genuine. While exercising jurisdiction under Article 226 of the Constitution of India, it is not possible for this Court to go into the disputed question regarding the genuineness or otherwise of the pattas said to have been granted in favour of the petitioners. The only appropriate remedy for the petitioners is to approach the competent civil Court and seek their title declared. In this view of the matter, the writ petition is wholly misconceived and hence the same is dismissed with liberty to the petitioners to avail the abovementioned remedy. As a sequel to dismissal of the writ petition, WPMP.No.4890 of 2004 filed by the petitioners for interim relief is also dismissed. ____________________________ C.V.NAGARJUNA REDDY, J Date: 09.06.2008 ES