THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.26128 of 2010 Date : 2-11-2010 Between : K.Gangaiah s/o.Chengaiah and others .. Petitioners and Government of Andhra Pradesh, represented by its District Collector, Chittoor District, Chittoor and two others .. Respondents Counsel for petitioners : Sri V. Jagapathi Counsel for respondents : Assistant Government Pleader for Revenue (Assignments) The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the inaction of respondent No.3 in granting pattadar pass books and title deeds to the petitioners in pursuance of D.K.T. pattas issued on 23- 10-1995 in respect of the lands in occupation of the petitioners in Sy.No.18 of Kalur village, Tirupati Rural Mandal as arbitrary and illegal. The petitioners sought for a direction to respondent No.3 to issue pattadar pass books and title deeds to them. At the hearing, the learned Assistant Government Pleader for Revenue (Assignments), on instructions, submitted that while the petitioners were granted D.K.T. pattas for a considerably long period, they have not cultivated the lands and that about three months back they have raised certain crops. She however stated that the D.K.T. pattas granted in favour of the petitioners are subsisting as on today. The petitioners have filed report dated 30-4-2010 submitted by respondent No.3 to the District Collector, Chittoor wherein it is inter alia stated as under : “My enquiry with the beneficiaries/DKT pattadars of SC colony, Kaloor revealed that all the original DKT pattas are presently with the District Co-operative Society Limited, Chittoor and that they are stated to have secured loans for drilling of bore-wells, electric motor etc., under JRY Scheme and the loan amounts that were taken by them are yet to be cleared. My enquiry with the beneficiaries further revealed that they have brought the subject land under cultivation and they have raised crops like Paddy/Jowar etc., for 4 to 5 years. Later, they left the subject land barren for the reason of non availability of water and some other reasons.” It is further stated in the report as under : “Regarding the grant of PPB/TDs to DKT pattadars/petitioners herein, it is submitted that the details of the loans that were secured by them under J.R.Y. Scheme from the District S.C. Co-operative Society Ltd., by pledging their DKT pattas are being gathered from the District S.C. Co-operative Society Ltd., and also to secure the original pattas from the District S.C. Co-operative Society Ltd., duly following the procedure prescribed by the Government and also to clear the loan amounts that were stated to have been obtained by the D.K.T. pattadars in order to grant PPB/TDs to the DKT pattadars/petitioners herein. Further the D.K.T. pattadars have also been asked to produce the papers regarding the loans taken by them under JRY scheme from the District S.C. Co-operative Society Ltd., Chittoor. The beneficiaries have positively responded to the above and assured to produce the documents that are available with them for taking further course of action in the matter.” In the light of his report submitted to the District Collector, respondent No.3 cannot deny pattadar pass books and title deeds to the petitioners. As rightly contended by Sri V.Jagapathi, learned counsel for the petitioners that respondent No.3 himself being the competent authority to grant pattadar pass books and title deeds, there was no need for him to submit a report to the District Collector. For the above mentioned reasons, the Writ Petition is allowed. Respondent No.3 is directed to issue pattadar pass books and title deeds to the petitioners in respect of the lands which have been assigned to them and in their possession within a period of two months from the date of production of required documents by the petitioners before him. __________________________ C.V. NAGARJUNA REDDY.,J Date : 2-11-2010 Note: Furnish copy in a week. AM