IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24660 of 2007 Between: 1 Ponnada Suryanarayana, S/o. P.Sankaranarayana, R/o.H.No. 7-1-57/2, Lecturer's Colony, Narasapur. 2 Ponnada Satyanarayana, S/o. P.Sankaranarayana, R/o.H.No. 7-1-57/2, Lecturer's Colony, Narasapur. ..... PETITIONER(S) AND 1 State of A.P. Rep by its Principal Secretary to Government, Revenue (Assignment-I) Department, Secretariat Buildings, Hyderabad. 2 The District Collector, West Godavari District. 3 The Tahasildar/Mandala Revenue Officer, Bheemavaram, West Godavari District. .....RESPONDENT(S) 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 to issue any appropriate writ, order or directon more in the nature of a Writ of "CERTIORARI" calling for the records and quash the by declaring of the 3rd respondent dated 19-7-2007 in Proceedings Roc No. 330/2007(A) by declaring the same as arbitrary, illegal and violative of principles of natural justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case or else the petitioners suffers heavily Counsel for the Petitioner:SMT.M.BHASKARA LAKSHMI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No. 24660 of 2007 ORDER: A company by name Circar Agricultural Development Corporation Limited was registered way back on 20-10-1920 under the relevant provisions of law. The company was allotted Ac.1500-00 of land in R.S.No.65/A of Losarigutlapadu Village by orders in G.O.Ms.No.1 (Revenue), dated 3.1.1921 under Grow More Food Campaign. The assignment was cancelled vide orders in G.O.Ms.No.466, Revenue Department, dated 20.5.1994 on the ground that the conditions of grant were violated. It was directed that the land be resumed to Government and eligible Sivaijamadars and other landless poor be considered for assignment. Some of the shareholders of the company filed W.P.No.11220 of 1994 challenging the G.O.Ms.No.466. Their complaint was that the shareholders of the company were the affected persons and they were not put on notice. The writ petition was disposed of on 28.6.2004 directing the respondents to afford opportunity to the shareholders to put forward their contentions. Similar orders were passed in W.P.No.23365 of 1998. In compliance with these directions, the respondents issued notice to the shareholders. Thereafter, the Tahasildar, Bheemavaram-third respondent passed an order dated 19.07.2007 stating that a list of 908 cultivators was published on 10-2-2005 after due verification and the persons who objected the resumption of the land, do not figure therein. The proceedings dated 19-07-2007 are challenged in this writ petition. During the pendency of the writ petition, the first petitioner died and L.Rs are not brought on record. The second petitioner alone is pursuing the matter. A detailed counter affidavit is filed by the respondents. The circumstances that led to issuance of G.O.Ms.No.466, dated 20-05-1994 and the steps taken in pursuance of the orders passed by this court in W.P.Nos. 11220 of 1994 and 23365 of 1998 are indicated. It is stated that ample opportunity to put-forth their contention was given and ultimately it emerged that the petitioners are not in possession of any individual extents of land. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The allotment of land in favour of the company was cancelled in the year 1994 on the allegation that the conditions of grant are violated. By itself, the company did not feel aggrieved by the G.O. Individual shareholders approached this court by filing writ petitions. The G.O. as such was not interfered with, but directions were issued to the respondents to cause enquiry with reference to the individual claims of the shareholders. Therefore, notices were issued on 14.5.2007 to the interested shareholders. The following documents were required to be produced in respect of their claim. i. A certificate regarding the particulars of the shares held by the petitioners. ii. A certificate regarding the lands covered by their shares. iii. A certificate showing the lands covered by their shares have been in their physical possession, and under their own cultivation. iv. A certificate showing the lands covered by their shares are in paddy cultivation. Even after receipt of the notice, the petitioners did not furnish the information referred to above. In the enquiry, the Tahasildar recorded specific findings as to the persons who are in possession of various extents. Reference is also made to the list of enjoyers containing 908 names. The petitioners do not figure in either of them. Therefore, it cannot be said that the impugned order suffers from illegality or infirmity. The writ petition is accordingly dismissed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 21-01-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}