IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10608 of 2008 Between: Narra Gopala Krishna S/o.Keshava Rao, R/o.Flat No.D 2nd Floor Venkata Dheeraj Towers Nallurivari Street Patamata Vijayawada ..... PETITIONER AND 1 The Govt of A.P Rep.by its Dist Collector Nellore,Nellore Dist 2 The Revenue Divisional Officer Kavali Nellore Dist 3 The Tahasildar Kondapuram(M) Nellore Dist .....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 of Mandamus or any other appropriate writ or direction declaring the action of the respondent in taking steps to disposes the petitioner from the land in sy No.450,451/1 452 admeasuring an extent of Ac.29.70 cents situated in Gottigundla (V) Kondapuram(M) Kavali revenue Division Nellore Dist as illegal arbitrary and violative of Article 300-A of the constitution of India and consequently direct the 2nd respondent not to dispossess the petitioner except following the due process of law and pass such other or further orders as the Hon’ble Court feels deem fit and proper in the facts and circumstances of the case. Counsel for the Petitioner: SRI O.MANOHER REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10608 of 2008 ORDER: The petitioner is statedly absolute owner of land admeasuring Acs.29.70 comprised in survey Nos.450, 451/1 and 452 situated at Gottigundla Village in Nellore District. Petitioner allegedly inherited the same from his ancestors. According to him he also obtained pattadar pass books and title deeds (PPBs and TDs) and is in possession of the property. It is alleged that at the behest of the villagers, second respondent prepared a list of available Government lands to be assigned to landless poor persons. With that direction second respondent allegedly started taking steps to evict the petitioner, aggrieved by which, the present writ petition is filed. Third respondent filed counter affidavit opposing the writ petition. It is stated that as per the Manual Diglot Register (settlement register) the land in survey Nos.450, 451/1 and 452 admeasuring Acs.29.70 is classified as ‘gayalu’. Petitioner belongs to Vijayawada in Krishna District, and the petitioner or his forefathers are not natives of Nellore District. PPBs and TDs allegedly obtained by the petitioner are vague and they were never issued by the revenue Officials. It is further stated that several persons of Vijayawada, Guntur and other nearby Districts came to Village and purchased large extents of Government lands and all of them tampered with the Government records. They played fraud on Government employees. An extent of Acs.1263.00 of Government land is under dispute and the same is pending in the High Court. In connection with land distribution programme launched by the Government, all the Government lands are identified for assignment to landless poor persons. The land claimed by the petitioner is Government land as per the Manual Diglot Register, and the land is proposed for distribution to landless poor persons during fourth phase of land distribution. This Court heard learned Counsel for the petitioner and learned Assistant Government Pleader for Revenue (Andhra Area). There is a dispute whether the land in survey Nos.450, 451/1, 452 is Government land or private land. There is also dispute as to whether PPBs/TDs are fake or genuine. These matters are disputed questions of fact, and writ petition is not a proper remedy. Therefore, third respondent is directed to conduct enquiry into the claim of the petitioner, and if it is found that PPBs/TDs allegedly obtained by the petitioner are not genuine and fake, Tahsildar may take necessary action by filing criminal complaint against the petitioner. If petitioner is in possession, as alleged, needless to mention that he cannot be dispossessed without giving notice. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 03.12.2008 vs To 1 The District Collector, Govt of A.P,Nellore Dist 2 The Revenue Divisional Officer Kavali Nellore Dist 3 The Tahasildar Kondapuram(M) Nellore Dist 4 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{BMR}