IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.22445 of 2008 Between: 1 Smt. C. Sakunthalamma, W/o. Late C. Selva Raju, R/o. Kothapeta, Arogyavaram Post, Pothabolu Village, Madanapalle Mandal, Chittoor District. 2 C. Suresh Babu, S/o. Late C. Selva Raju, R/o. Kothapeta, Arogyavaram Post, Pothabolu Village, Madanapalle Mandal, Chittoor District. 3 C. Prathap Kumar, S/o. C. Suresh Babu, R/o. Kothapeta, Arogyavaram Post, Pothabolu Village, Madanapalle Mandal, Chittoor District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Commissioner of Land Administration, Nampally, Andhra Pradesh, Hyderabad. 3 The District Collector, Chittoor, Chittoor District. 4 The Tahsildar, Madanapalli, Chittoor District. 5 Arogyavaram Development Society, Arogyavaram Rep by its Project Manager, Madanapalli, Chittoor District. 6 The Enquiry Officer, Land Disputes Redressal (Meeting) Team-2, Office of Tahsildar, Madanapalli Mandal, Chittoor 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings Dt. 1-12-2006 issued by the 6th Respondent rejecting the request of the petitioners for grant of Pattadar Pass Books and Title Deeds in respect of the land to an extent of Ac. 5.29 cents in Sy.No 1430/2 and also to an extent of Ac. 1.68 cents in Sy.No. 1430/3, situated at Pothapolu village Madanapally Mandal, Chittoor District as illegal, arbitrary and unconstitutional and it amounts to violation of Articles 14, 16, 21 and 300-A of the constitution of India and set-aside the same and consequently direct the respondents to issue Pattadar Pass Books and Title Deeds to the petitioners as per law in respect of the said lands. Counsel for the Petitioners: MR.P.LAKSHMANA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.22445 OF 2008 ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue for respondents. It is the case of the petitioners that the subject lands, in a total extent of Ac.6-97 cents in Sy.No.1308 (sub-divided as Sy.Nos.1430/2 and 1430/3) of Pothapolu village, Madanapalle Mandal of Chittoor District, are their ancestral property, that they have been continuing in possession and enjoyment of the same and their title to the said lands was also perfected by way of decree granted by the Civil Court. While so, when they have applied for grant of pattadar passbooks and title deeds of the said lands, the 6th respondent- Enquiry Oﬃcer, Land Disputes Redressal (Meeting) Team-2, Oﬃce of Tahsildar, Madanapalle Mandal, Chittoor District, by the impugned proceedings dated 01.12.2006, rejected their applications on the ground that the said lands were entered in P.O.B. and reserved for Sanatorium. The grievance of the petitioners is that the impugned proceedings were issued without conducting any enquiry and now the respondents are taking steps to evict them. Hence, they seek to declare the impugned proceedings as arbitrary and illegal. Admittedly, to seek redressal of their grievance in respect of the impugned proceedings, the petitioners have an eﬀective statutory remedy before the Revenue Divisional Oﬃcer, under the provisions of A.P. Rights in Land and Pattadar Passbooks Act, 1971. Instead of availing the said remedy, the petitioners have directly approached this Court. In the circumstances, the writ petition is dismissed with a liberty to the petitioners to avail appropriate statutory remedy available to them before the Revenue Divisional Officer. No costs. _____________ N.V. RAMANA,J 16th October, 2008 IBL