IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12567 of 2009 Between: 1 Shyama Anand Kumar S/o. Shyama Kondal Rao Alubaka Village, Venkatapuram Mandal, Bhadrachalam Division, Khammam District. 2 Shyama Ashwini Balasubrahmanya Kumar S/o. S. Kondal Rao Alubaka Village, Venkatapuram Mandal, Bhadrachalam Division, Khammam District. 3 Shyama Subba Rao S/o. S.V.L. Narasimha Rao Alubaka Village, Venkatapuram Mandal, Bhadrachalam Division, Khammam District. ..... PETITIONERS AND 1 The Mandal Revenue Officer, Venkatapuram Mandal, Bhadrachalam Division, Khammam District. 2 The Revenue Divisional Officer, Bhadrachalam Division, Khammam District. 3 The District Collector, Khammam, Khammam 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 will be pleased to issue any writ or order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in allotting the petitioners' patta lands an extent of Ac.9.00 cents in Sy.No.18/3 and 36/2 of Boddapuram Village, Venkatapuram Mandal, Bhadrachalam Division, Khammam District as illegal, arbitrary and unconstitutional and violation of principle of natural justice and consequently direct the respondents not to allot the petitioners' patta lands to third parties, and pass Counsel for the Petitioners: MR.S.CHAKRAPANI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.12567 OF 2009 ORAL ORDER As the petitioners have no cause of action, the writ petition is misconceived. The petitioners claim to be owners of an extent of Ac.9.00 of land in Sy.Nos.18/3 and 36/2 of Boddapuram Village, Venkatapuram Mandal, Bhadrachalam Division, Khamam District and to be in possession of the said land for over 100 years. When the authorities initiated proceedings for eviction of the petitioners under the provisions of A.P. Scheduled Areas Land Transfer Regulation, 1959 (as amended by Act 1 of 1970) and passed proceedings dated 19-01-1984, the fathers of the several petitioners i.e, S.Kondala Rao and S.V.L.Narasimha Rao are stated to have submitted an application, being A.P.No.182/84-G3, before the Director of Settlements, who by an order dated.26-12-1996 is claimed to have upheld the legitimacy of the petitioners’ possession of the lands. The 1st respondent is also stated to have issued pattedar passbooks and title deeds in favour of the petitioners. The petitioners apprehend that the revenue authorities would distribute the lands in Venkatapuram Mandal including the petitioners’ land to tribal people who had migrated from Chhattisgarh State. It is also alleged that certain tribal people entered into the petitioners’ lands and on enquiry by the petitioners informed them that the revenue authorities have allotted the lands in question and that pattas would be issued in due course of time in a meeting presided over by an Honourable Minister. The petitioners had submitted a representation dated.18-06-2009 to the 1st respondent seeking information but there was no response. Hence the writ petition. It is not the case of the petitioners that the 1st respondent had passed any orders granting pattas to any persons in respect of the petitioners’ lands. Even if the Mandal Revenue Officer issues pattas in respect of the petitioners’ lands, the mere issuance of pattas by MRO would not confer title or entitlement to possession in favour of persons in whose favour pattas are issued. The petitioners may avail appropriate remedies before the civil court of competent jurisdiction whether by way of a declaration of title or preservation of their possession except to be deprived in accordance with the due process of law. This is a preemptive writ petition disclosing no cause of action and is accordingly dismissed at the stage of admission. No costs. _________________ GODA RAGHURAM,J 29th JUNE 2009 *TSNR