IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3825 of 2008 Between: The Village Tourism Development Welfare Association Rep. by its Vice- President, Jasti Veera Venkata Satyanarayana Murthy, S/o. Janardhanamurthy Aged about 44 years, R/o.36-45-2/3, Flat No. A-2, Innespeta, Rajahmundry, 533 101, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Department of Revenue, Secretariat, Hyderabad. 2 The District Collector, Kakinada, East Godavari District. 3 The Joint Collector, Kakinada, East Godavari District. 4 The Revenue Divisional Officer, Kakinada, East Godavari District. 5 The Tahsildar, Mandal REvenue Officer, Timmapuram, Kakinada Rural - 1, East Godavari District. .....RESPONDENTS 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 appropriate one in the nature of Writ of Mandamus declaring the action of the respondents in not disposing the appeal/representation of the petitioner dt. 15.2.2008 as illegal, arbitrary, biased, unconstitutional and against the principles of natural justice and consequently direct the respondents to dispose the appeal/ representation pending on the file and to pass such other order or orders. Counsel for the Petitioner: SMT.D.LALITHA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3825 of 2008 ORDER: It is the case of the petitioner-Society that it is a registered Association under A.P. Societies Registration Act, 35 of 2001. It is stated that the petitioner-Society got the land admeasuring Ac.1-75 cents in R.S.No.190 situated at Timmapuram Village, Kakinada Rural, East Godavari District. While so, when there was some illegal attempt to interfere with the peaceful possession and enjoyment of the land in question, the petitioner made a representation before the respondents on 15-02-2008 requesting to take appropriate action for stopping such illegal action. On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that the lands in Sy.Nos.190/1B and 190/1C are assigned lands and the original assignees have violated the terms and conditions of the assignment and also the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, and therefore, after following due process of law, the said lands have already been resumed by the Government. Admittedly, the petitioner has not filed single document to prove its right, title and possession over the land in question. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the disputed question of fact cannot be decided in the writ petition and therefore, the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 25-02-2008 Prv ……. REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}