Point of law: none of the petitioners approached this Court with clean hands and thereby committed as many errors as possible in making requests, payment of land revenue etc. Such an issue cannot be decided by this Court while exercising power under Article 226 of the Constitution of India.

ORDER :

This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief :

“To issue writ of mandamus declaring the action of the 4th respondent in issuing the impugned Endorsement in Proc.L.P.No.169/2015-A dated 03.6.2015 as illegal, arbitrary, violative of principles of natural justice and contrary to the orders passed in W.P.No.13372 of 2015 dated 30.04.2015 and set-aside the same in the interest of justice and equity and consequently direct the respondents to rectify the revenue records in pursuance of the representations of the petitioners dated 15.12.2014 and 20.04.2015.”

2. The brief facts of the case are that, the petitioners are residents of Anchulavaripally Village, Rajupalem Mandal, Guntur District, eking their livelihood by doing agricultural works and raising crops. The petitioners father and grandfathers were also in possession of the land in Sy.Nos.342/1, 2,3 since long time.

3. The first petitioner is in possession and enjoyment of land of an extent of Ac.1-98 cents. The fourth respondent – Tahsildar issued Pattadar passbook and title deed in favour of the first petitioner vide Patta No.1504 to an extent of Ac.1-98 cents by mentioning survey numbers as Sy.Nos.280/22 and 280/23 of Nemalipuri Village, Rajupalem Mandal, Guntur District. As the first petitioner’s forefathers were put in possession in the land in Sy.No.342/1,2,3, the first petitioner submitted representations dated 15.12.2014 and 20.04.2015 to the fourth respondent for rectification of the survey number i.e to mention Sy.Nos.342/1,2,3 instead of Sy.Nos.282/22 & 280/23.

4. The second petitioner is in possession and enjoyment of land of an extent of Ac.0-30 cents in Sy.No.350/3A and Ac.1-00 cents in Sy.No.32/1B, totalling to an extent of Ac.1-30 cents in Nemalipuri Village. The fourth respondent issued D-Form Patta on 25.10.1987 vide Patta No.47/87 in favour of the second respondent considering his possession and enjoyment over the said land for more than 40 years. While so, one Nidumukkala Ramesh threatened to dispossess the second petitioner from his land on the ground that the fourth respondent issued patta in favour of Nidumukkala Ramesh. Thereupon, the second petitioner made representations dated 15.12.2014 and 20.04.2015 to the fourth respondent to protect his right over the land by cancelling patta granted in favour of Ramesh and requested to fix boundaries by conducting survey and requested to issue pattadar passbooks and title deeds in respect of the said land.

5. The fourth respondent issued D-Form Patta vide DKT No.232/1404/F on 03.09.1994 in favour of the third petitioner to an extent of Ac.1-28 cents in Sy.No.342/1 situated at Nemalipuri Village, Rajupalem Mandal, Guntur District. Pattadar passbooks and title deeds vide Patta No.353 were also issued in the year 1997 in favour of the third petitioner. It is submitted that, though DKT patta was issued in favour of the third petitioner for the land admeasuring Ac.1-28 cents in Sy.No.342/1, the third petitioner is in possession of the land in Ac.0-28 cents in Sy.No.342/3 and Ac.1-00 cents in Sy.No.342/1. The report of the Surveyor dated 16.12.2009 also establishes that the third petitioner is in possession and enjoyment of the land in Sy.Nos.342/3 and 342/1. Hence, the third petitioner made a representation on 20.04.2015 to the fourth respondent with a request to rectify the survey numbers and issue fresh pattadar passbooks and title deeds.

6. For the sake of convenience, details viz., name of the petitioner, extent of the land and survey number which the petitioner is in actual possession, extent and survey number granted by the Tahsildar, dates of representations submitted by the petitioners and the purpose for which the representations are submitted are tabulated hereunder: