IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10339 of 1999 Between: Chunduru Venkateshwara Rao, S/o. Kotaiah, R/o. Vadarevu Bazar Porela Post, Chirala Mandal, Prakasam District. ..... PETITIONER AND 1 The District Collector, Prakasam Distrcit. 2 The Revenue Divisional Officer, Ongole, Prakasam Distrcit. 3 Mandal Revenue Divisional Officer, Chirala, Prakasam Distrcit. .....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 writ or order more particularly one in the nature of Writ of Mandamus directing the respondents not to illegally alienate 24 cents in Sy.No. 206/2A3 situated at Epurupalem Village, Chirala Mandal, Prakasam District, belonging to the petitioner and consequently not to dispossess the petitioner from the said property and pass such other orders as deemed ﬁt and necessary in the circumstances of the case. Counsel for the Petitioner: MR.G.ANJANEYULU Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following: THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No: 10339 of 1999 ORDER: The relief sought for by the petitioner in this Writ Petition relates to an extent of Ac.0-24 cents of land. His case, in short, is that he is the owner of a total extent of Ac.1- 38 3/4th cents of land situated in Epurupalem village of Chirala Sub Division and Mandal in Prakasam District by virtue of a family settlement deed dated 29.04.1987, that he has been in possession of the said land, that land acquisition proceedings were initiated to acquire Ac.0-70 of land in S.No.206/2A 3, aggrieved by which he had invoked the jurisdiction of this Court by way of Writ Petition No.20275 of 1996 and that this Court had initially granted interim stay of dispossession which was subsequently vacated. Petitioner states that the land acquisition proceedings were initiated for acquisition of Ac.0-70 of land and he has no grievance in this regard. But the Mandal Revenue Oﬃcer is trying to allot even the remaining extent of Ac.0-24 of land also to weaker sections despite an interim order being passed by this court not to dispossess the petitioner. 2 A counter aﬃdavit is ﬁled by the Mandal Revenue Oﬃcer wherein it is stated that, with regards Ac.0-24 of land in S.No.206/2A 3, the petitioner was not in actual enjoyment of the land and that the petitioner had come up with this plea only after the encroachers were evicted from the other extent of Ac.0-70 and were allotted house sites in the extent of Ac.0- 24 in accordance with the orders of the Revenue Divisional Officer. It is contended that the petitioner was not in actual possession of this AC.0-24 of land, that the Government is the real owner of the land as it is classiﬁed in the village account as A.W.Dry. 3 The question whether the petitioner is the owner of the said land is itself in dispute. His possession over the land in question has also been disputed by the respondents in the counter affidavit. It is not for this Court, under Article 226 of the Constitution of India, to adjudicate on disputed questions of title or the possession of the petitioner. Leaving it open to the petitioner to avail such other remedies as are available to him in law, including by way of a suit before the Civil Court of competent jurisdiction, I see no reason to examine these contentious issues in summary proceedings under Article 226 of the Constitution of India. 4 The Writ Petition is, accordingly, dismissed. However in the circumstances without costs. --------------------------------------------- RAMESH RANGANATHAN, J. 08.09.2008 kvsn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KCS} THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10339 of 1999 08.09.2008 kvsn