IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.1887 of 2008 Between: 1 Sree Sai Residential Welfare Association, a Society Registered under the provisions of the A.P.Societies Registration Act, 2001 represented by its President B.Satyanarayana, S/o Kondaiah, R/o Qr.No.A-946, HAL Colony, Balanagar, Hyderabad. 2 B.Satyanarayana, S/o Kondaiah, R/o Qr.No.A-946, HAL Colony, Balanagar, Hyderabad. 3 D.Subramanyam, S/o D.Chinnaswamy, r/o EWS 799, Bharat Nagar Colony, Hyderabad. 4 B.T.Keswarlu, S/o B.Kondaiah, r/o c/o Qr.No.A-946, HAL Colony, Balanagar, Hyderabad. 5 N.Subramanyam, S/o N.Ramsetty, r/o H.No.8-3-231/B-263, Krishnanagar, Yousufguda, Hyderabad. 6 K.Uma Devi, W/o K.Babu Prasad, R/o H.No.1-7-180/2, Kamalanagar, ECIL Post, Secunderabad. 7 A.E.Annamma, W/o A.E.Hari, r/o H.No.131, Karkhana, Transport Lane, Secunderabad. 8 C.M.K.Gandhi, S/o Gurunadham, r/o H.No.8-145/A, Maruti Nilayam, Prasoona Nagar, Chintal, Hyderabad. 9 Y.Basi Reddy, s/o Y.Narayana Reddy, r/o Royal Precession Engineering Old Airport Road, Balanagar, Hyderabad. 10 Ch.Purnachandra Rao, S/o Ch.Kotaiah, r/o Brahmana Veedhi, Vijayawada. 11 N.Lakshmana Swamy, S/o Agama Chary, r/o 4-96, Kukatpally, Hyderabad. 12 M.Subba Rao, s/o Bhadraiah, C/o A.Ramgopal, Near Nalugu Stambhalu, Vidyanagarpuram, Vijayawada. 13 A.Ramagopal, S/o Subbaiah, r/o Near Jain Temple, Krishna Lanka, Vijayawada. 14 D.Appa Rao, s/o D.S.Srirama Murthy, r/o Flat No.102, Gayatri Residency R.R.Nagar, old Bowenpally, Secunderabad. 15 K.Rani Bai, w/o K.Krishna, r/o 2-3-17, Tadbund, Secunderabad. 16 Y.Venkata Lakshmi Devi, w/o Y.Basi Reddy, r/o c/o Royal Precession Engineering Old Airport Road, Balanagar, Hyderabad. 17 T.D.Ramachander, S/o Durgaiah, r/o 1/2/E, Janapriya Bunglow, Alwal, Secunderabad. 18 T.Santha, W/o T.D.Ramachander, r/o 1/2/E, Janapriya Bungalow, Alwal, Secunderabad. 19 Y.Gangi Reddy, S/o Chenchi Reddy, r/o c/o Royal Precession Engineering, Old Airport Road, Balanagar, Hyderabad. 20 L.Venkataramanamma, w/o Kullai Reddy, r/o c/o Royal Precession Engineering Old Airport Road, Balanagar, Hyderabad. 21 M.Chandrasekhar Reddy, S/o Seetha Reddy, r/o c/o Royal Precession Engineering Old Airport Road, Balanagar, Hyderabad. 22 A.Venkateswara Rao, s/o A.Chennaiah, r/o H.No.32-86/1, Sainiknagar, Ramakrishnapuram, Secunderabad. 23 U.Seshagiri Rao, s/o Dasaratharamaiah, r/o H.No.2-20, Fathenagar, Netaji Colony, Hyderabad. 24 B.Ramasubba Reddy, s/o Seetha Reddy, r/o 4-77/1, Ferozguda, Hyderabad. 25 G. Srinivas, S/o Venkaiah, r/o 24-327, Ranga Reddy Nagar, Opp:IDPL Colony, Hyderabad. 26 K.Jayasri, w/o Srirangam, r/o 24-327, R.R.Nagar, Opp;IDPL COlony, Hyderabad. 27 V.R.Seshagiri Rao, S/o Laxminarasimha Rao, r/o Flat No.64, Siddardha Colony, ECIL Post, Hyderabad. 28 M.R.mathew Nainan, S/o M.Nainan, r/o c/o A-946, HAL Colony, Balanagar, Hyderabad. 29 P.Vijaya Kumar, s/o Rama Rao, r/o EWS 477, Bharatnagar Colony, Hyderabad. 30 Md.Qammar, S/o M.A.Salam, r/o 4-77, Ferozguda, Bowenpally, Secunderabad. 31 L.Bharatamma, W/o Ramachandraiah, r/o 1-84, Balanagar, Hyderabad. 32 C.M.Girijarani, W/o Ramakrishna, r/o 2-2-1130/4, Near Nallakunta, Hyderabad. 33 L.Suryaprakash Rao, s/o Venkaiah, r/o 32-127, HAL Colony, Venkatadri hills, Gajularamaram Road, Hyderabad. 34 L.Satyaveni, W/o L.Suryaprakash Rao, r/o 32-127, HAL Colony, Venkatadri Hills, Gajularamaram Road, Hyderabad. 35 A.K.Gowry, w/o M.R.K.Unnithan, r/o 7-4-65, Ferozguda, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh represented by its Principal Secretary, Revenue Department at Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District at Lakdikapul, Hyderabad. 3 The Revenue Divisional Officer, Qutubullapur Division, Ranga Reddy District. 4 The Tahsildar, Quthbullapur 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 a writ of mandamus or any other appropriate writ or writs, order or direction, declaring the action of the respondents in seeking to evict the petitioners from their respective plots bearing Nos.39, 22, 1,2, 15, 36, 25, 26, 27, 9, 10, 4, 23, 21, 24, 29, 28, 30, 32, 33, 34, 37, 42, 50/A, 51, 54,53, 14, 11, 45, 44, 35, 18, 19 and 8 respectively in Sy.No.120/1 of Dommara Pochampally Village, Qutubullapur Mandal, Ranga Reddy District, as illegal, arbitrary, violative of principles of natural justice, violative of Section 4 of AP Assigned Lands (Prohibition of Transfers) Act, 1977 and violative of Art.300- A of the Constitution of India and to consequently direct the respondents not to evict the petitioners from the above property. And pass such other or further orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.K.RAGHUVEER REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1887 of 2008 ORDER: Petitioners 2 to 35 are statedly members of first petitioner association. All these petitioners purchased house sites admeasuring 160 to 250 Sq.yards each under registered sale deeds in 1987. Land owners, Palakurti Balaram Goud and Palakurti Srinivas, represented by General Power of Attorney Holder, V.B.Poornachandra Rao, executed sale deeds. Petitioners assert that their vendors have absolute rights to alienate property in their favour. When respondents tried to dispossess petitioners and also to demolish structures allegedly raised on lands on the ground that orders were already passed for resumption of land under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity), petitioners filed instant writ petition. They seek a writ of Mandamus declaring action of respondents in trying to evict them from their respective house sites as illegal, arbitrary and for a consequential injunction restraining respondents. After filing writ petition, respondents served copies of order dated 23.2.2007, which purports to be an order under Section 4 of the Act cancelling assignment in favour of assignee, P.Balaram. Therefore, petitioners filed an application to amend writ petition to challenge the said order. The said application being W.P.M.P.No.10280 of 2008 is allowed on 28.11.2008. Fourth respondent filed counter affidavit. It is stated that the land admeasuring Acs.158.23 guntas situated in survey No.120/1 of Dommarapochampally village, is recorded as “Gairan Sarkari”, that out of which an extent of Acs.140.25 guntas has been assigned to various landless poor persons including Palakurti Balaram, and that in violation of conditions of assignment, Balaram executed sale deed in favour of petitioners. Therefore, a notice was issued to Balaram under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977, and as purchasers were not available, notice was displayed in notice board of the Grama Panchayat and order was passed. This Court heard learned Counsel for petitioners. He submits that order passed under Section 4 of the Act requires notice to petitioners as mandated by Rule 3(3) of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (the Rules, for brevity), and therefore, impugned order is unsustainable. Learned Assistant Government Pleader for Revenue (Assignment) however relies on counter averment that due to non-availability of purchasers, copy of Form-I notice was published on the spot and in Gram Panchayat office. Even if this averment is taken into consideration, it is not sufficient compliance with the Rules. As per Rule 3 of the Rules, transferee of the assigned land has to be issued notice in Form-I by serving it on him or his family members or by affixing a copy thereof in a conspicuous place of the land. Admittedly no such notice was issued to petitioners. Therefore, impugned order is liable to be set aside, as it suffers from incurable defect. The impugned order is therefore set aside insofar as petitioners 2 to 35 are concerned. It shall however be open to fourth respondent to issue notice to petitioners by sending the same to learned Counsel for petitioners in this case and obtain explanation if any and pass appropriate orders under Section 4 of the Act. Till such exercise is completed, if petitioners are in possession of the land, there shall be status quo as to possession. The writ petition is accordingly disposed of. No costs. _____________ (V.V.S.RAO,J) December 08, 2008. YS