THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.1908 OF 2008 DATED: 08-02-2008 BETWEEN Kalidas Chandra Prakash, S/o. Late Sri Kannaya, Occ: Ex-Serviceman, R/o. HIG 31, VUDA Colony, Chinnamusidiwada, Visakhapatnam. …PETITIONER AND State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others. …RESPONDENTS ORDER: Petitioner submits that an extent of Ac.5.00 cents of land in Sy.No.127/2 of Madurawada Village, Visakhapatnam Rural Mandal, Viskhapatnam District was assigned in his favour vide D-Form D.R.No.196/85 dated 02.04.1985 by the then Tahsildar, Visakhapatnam. He further submits that he was an Ex-Serviceman and the said land was assigned in the quota of Ex-Serviceman. 2. Even according to the D-form patta dated 02.04.1985 though the petitioner was described as a defence person the learned Government Pleader submits that such proforma of D-Form pattas are only the assignments made in favour of landless poor. However, the said contention as to whether the said land was assigned under the quota of Ex-Serviceman or that to a landless poor person may not be germane for the purpose of writ petition, as the impugned order dated 31.10.2007 has been passed by the Tahsildar, Visakhapatnam, pursuant to the earlier order of this Court in W.P.No.9779 of 2004 dated 24.08.2007 to verify the genuineness of the D- form patta. 3. The impugned order goes to show that the genuineness of the D-form patta has been verified and found that no such D-form patta has been issued as such it is not genuine. Admittedly, the said land is Government land and the said D-form patta under Ex-Serviceman quota is not emanated from any official proceedings and it is fake and forged one, invented for the purpose of grabbing the Government land for self-gain. The said D-form patta was not at all granted to the petitioner as per the Darkhast registers maintained. 4. I am not inclined to express any opinion on the merits of the case as it is stated that the petitioner availed alternative remedy by way of filing an appeal before the Revenue Divisional Officer, Visakhapatnam on 06.02.2008 and I am also not inclined to express any opinion as to whether the possession is already taken or not and as to who is in possession of the said land. 5. Having regard to the facts and circumstances of the case and as the appeal filed before the appellate authority is pending, the Revenue Divisional Officer, Visakhapatnam Division is directed to consider and dispose the appeal filed on 06.02.2008 against the order of the Tahsildar, Visakhapatnam (Rural) Mandal in proceedings Rc.No.574/2004/A dated 31.10.2007 as expeditiously as possible after giving reasonable opportunity to all the concerned parties and pending disposal of the appeal status quo obtaining as on today shall be maintained. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 8, 2008 Note: Furnish C.C. of the order by 11.02.2008 (B/o) DSK