HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.5118 of 2005 ORDER: There is no representation for the petitioner as well as for the respondents. In this writ petition, the petitioner seeks directions by way of writ of Mandamus to direct the respondents not to interfere with his possession over the land admeasuring 1214.053 sq.mtrs covered by Survey No.70/7 situated at Old Vedayapalem, Nellore District. It is the case of the petitioner that he is the absolute owner and possessor of the aforesaid land situated. He states that he derived title by way of settlement deed, dated 28.02.2004, executed by his father Mogarala Kistaiah. In the affidavit filed in support of the writ petition, it is stated that the respondents initiated proceedings under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’) by issuing notice, dated 04.11.2004, for which, the petitioner claims to have submitted explanation. In spite of the same, without passing any orders, the respondents are trying to interfere with his possession. Hence, he approached this Court and filed this writ petition. In the counter filed on behalf of the respondents by the Mandal Revenue Officer, Nellore Mandal, while denying the various allegations made by the petitioner, it is stated that land covered by Survey No.70/7 admeasuring Ac.1.04 cents situated at Vedayapalem Village is classified as ‘Koru Dry’ (Rytwari patta) in village accounts and the respondents have not issued any notice as stated by the petitioner under the provisions of the Act. It is stated that the petitioner has fabricated a notice on his name and the handwriting in the said notice does not pertain to any of the office staff of the respondents. It is further stated that as the land in question is a rythwari patta, the question of issuing proceedings under the provisions of the Act does not arise. It is also stated that on receipt of interim orders passed by this Court, the petitioner was called upon to produce the notice, dated 04.11.2004, alleged to have been issued by the respondents, but the petitioner failed to give explanation and produce any material. In spite of filing such counter by the respondents, the same is not controverted by any other affidavit by way of reply by the petitioner. The only basis for filing the writ petition is that in spite of issuing notice under the provisions of the Act and in spite of filing explanation by the petitioner, without passing any orders, there is interference by the respondents. Inasmuch as very issuance of notice is denied by the respondents and also in view of the averments in the counter affidavit that the land in Survey No.70/7 admeasuring Acs1.04 cents of Vedayapalem Village is a ‘Koru Dry’ as per the village accounts, no directions can be granted as prayed for in this writ petition. The writ petition is devoid of merits and the same is accordingly dismissed. No costs. _____________________ (R. SUBHASH REDDY, J) Dt.26.08.2010 VGB