IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23078 of 2008 Between: 1 Syed Shabuddin, S/o. Syed Ismail, R/o. 19-1-436/A/61, Osman Bagh, Bahadurpura, Hyderabad. 2 Syed haneef, S/o. Syed Ismail, R/o. 19-1-436/A/61, Osman Bagh, Bahadurpura, Hyderabad. 3 Fouzia, W/o. Mohd Anwar, R/o. 19-1-436/A/61, Osman Bagh, Bahadurpura, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra pradesh, Rep by its Secretary Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District at Hyderabad. 3 The Revenue Divisional Officer, Chevella Division at Attapur, Ranga Reddy District, Hyderabad. 4 The Tahasildar, Shamshabad Mandal, Ranga Reddy 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 an appropriate writ or order more particularly one in the nature of writ of Mandamus declaring that the order of the 3rd respondent vide proceedings in Case No.L/337/75 dated 18-03-2008 as illegal, arbitrary and violative of principles of natural justice and consequently set-aside the same. Counsel for the Petitioner:MR.SHAIK MASTAN VALI Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioners state that their father has purchased the lands in all admeasuring Ac.52.00 in Sy.Nos. 51,52 and 53, situated at Kothwalguda village, Samshabad Mandal, Ranga Reddy District, from its original owner under diﬀerent registered sale deeds. The revenue authorities have entered the name of their father in the revenue records as pattadar and possessor of the land. Thereafter, on the application made by the petitioners, the revenue authorities have issued pattadar passbooks in their favour. Now, the grievance of the petitioners is that the 3rd respondent-Revenue Divisional Oﬃcer, Chevella Division, has issued the impugned proceedings dated 18.03.2008 canceling the entries made by the 4th respondent-Tahsildar in the revenue records in respect of the lands in question, and that too without issuing any notice. The petitioners further state that against the proceedings dated 18.03.2008, impugned in this writ petition, similarly situated persons already ﬁled W.P.No.7691 of 2008, and that this Court by order dated 17.06.2008, allowed the writ petition. Hence, the petitioners ﬁled the present writ petition. When the matter is taken up for hearing today, learned Assistant Government Pleader for Revenue, on instructions, submitted that the impugned proceedings are passed without issuing any notice to the petitioners. In view of the statement made by the learned Assistant Government Pleader that the impugned proceedings passed by the 3rd respondent, canceling the entries made by the 4th respondent in the revenue records in respect of the lands in question, is without notice to the petitioners, the same is liable to be set aside, and since the impugned proceedings are liable to be set aside on the ground that no notice was issued to the petitioners before passing it, I am not inclined to go into the question as to whether the 3rd respondent has jurisdiction to pass the impugned order, and leave it open for the petitioners to agitate the same before the authority concerned. Accordingly, the writ petition is allowed and the impugned proceedings dated 18.03.2008 issued by the 3rd respondent are set aside. However, the petitioners are at liberty to raise the ground of jurisdiction before the 3rd respondent, in case notice is issued by the 3rd respondent for the proposed action. No costs. ______________ N.V. RAMANA, J Date:23.10.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Government of Andhra Pradesh, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District at Hyderabad. 3 The Revenue Divisional Officer, Chevella Division at Attapur, Ranga Reddy District, Hyderabad. 4 The Tahasildar, Shamshabad Mandal, Ranga Reddy District. 5. 2CCs to the Government Pleader for Revenue, High Court Building.( OUT). 6. 2CD copies Form-NIC-OGS/WP{LS}