THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.19985 OF 1997 DATED: 13-02-2007 Between: M. Krishna Murthy .. Petitioner And 1. The Mandal Revenue Officer, Burgampad Mandal, Burgampad, Khammam District., and 2 others. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.19985 OF 1997 ORDER : This writ petition is filed seeking a declaration that the alleged action of the respondents in not issuing title deeds and pattedar pass books as per the provisions contemplated under the A.P. Rights in Land and Pattadar Pass Books Act, 1971 to the petitioner to an extent of Ac.1-00 situated in Sy.No.368 at Burgampad Village & Mandal, Khammam District as arbitrary and illegal. In response to Rule Nisi ordered, the Mandal Revenue Oﬃcer, Burgampad Mandal ﬁled a counter- aﬃdavit stating that though the petitioner was assigned an extent of Ac.1-00 in Sy.No.368 vide proceedings dated 2-5-1974, on enquiry it was found that the petitioner was not in possession of the assigned land and as a matter of fact he settled in Bhadrachalam and working as Private Mechanic. Since the assigned land is not in his possession and personal cultivation, the petitioner is not entitled for grant of pass books and title deeds. Though the said counter-aﬃdavit was served on the petitioner’s counsel long back in December, 2002, no reply aﬃdavit is ﬁled disputing the version of the respondents. In view of what has been stated in the counter- aﬃdavit which stood unrebutted, it is clear that the petitioner is not in possession of the land assigned to him. Hence, the respondents cannot be found fault with in not granting the pattedar pass books and title deeds as sought by him. The Writ Petition is without any substance and the same is accordingly dismissed. No costs. ______________ G. ROHINI, J. Dt. 13-02-2007 gbs