THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.5134 OF 2005 Date: 07.12.2010 Between: Shaik Nagoor Sahab ..... PETITIONER AND The District Collector, Guntur and others .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.5134 OF 2005 ORDER: The petitioner claiming to be holding assignment patta in respect of 45 square yards of land situated in survey No.226/B of Pedavadlapudi village, Mangalagiri Mandal, Guntur District, has filed this writ petition to declare the action of the respondents authorities trying to cancel the patta or resumption of the land and demolish the house constructed by him on the said site, as illegal. It is the case of the petitioner that in respect of the aforesaid site a D.K.T patta was granted on 28.01.1979 bearing patta No.1359 of 1979. The site is demarcated by boundaries mentioned therein. He constructed a house bearing No.4/9 after obtaining the necessary permission and residing with his family. The petitioner states that the respondents 5 and 6 with the active connivance of the 4th respondent i.e., the Executive Officer, Venugopala Swamyvari temple opened a door in the boundary wall for the ingress and egress of the devotees through his land and that the said 5th and 6th respondents in order to create law and order problem and to create commotion in the village and prevailing upon the authorities to demolish his house. The petitioner asserts that he has not violated any conditions of the patta. On its premise the petitioner has filed the present writ petition. The 4th respondent i.e., the Executive Officer of Sri Venugopala Swamyvari Temple has filed a counter affidavit inter alia denying the aforesaid allegations made by the petitioner. The 4th respondent has categorically denied that any gate was opened in the boundary wall through the land of the petitioner nor opened any gate in the land of the petitioner. It is specifically averred that for renovating the temple the boundary wall belonging to the temple alone was demolished for the purpose of free passage of material through village road and that the respondents never opened any gate into the land belonging to the petitioner. From the aforesaid pleadings, particularly the above statement categorically made by the 4th respondent it is manifest that the petitioner has approached this Court on mere apprehension and without there being any cause of action. The petitioner has not placed any material to show that the respondents either tried to interfere with the possession of his site or otherwise was trying to demolish the house. The petitioner is therefore not entitled for any relief in the writ petition. It is needless to say that if the petitioner has violated any conditions of patta, it is open to the respondents 1 and 2 to initiate any action either for cancellation of patta or resumption of land by following due process of law. The Writ Petition is misconceived and is accordingly dismissed. No costs. _______________ NOUSHAD ALI, J 7th December 2010 Ivd