IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO : 27233 of 2008 Between: 1 Gonemoni Achamma W/o Late Anjaiah, Ravirala(V) Maheshwaram(M) Ranga Reddy District 2 Gonemoni Narasamma W/o Balaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 3 Kummari Chandramma W/o Ramulu, Ravirala(V) Maheshwaram(M) Ranga Reddy District 4 Gonemoni Bikshapathi S/o Late Mallaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 5 Gonemoni Anasuya W/o. Balaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 6 Bode Premalatha W/o Madhava Reddy, Ravirala(V) Maheshwaram(M) Ranga Reddy District 7 Nakka Rajaiah S/o Pentaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 8 Salekula Manemma W/o Late Masaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 9 Salekula Venkataiah S/o Ibrahim, Ravirala(V) Maheshwaram(M) Ranga Reddy District 10 Boda Pushpamma D/o.Venkata Rami Reddy Ravirala(V) Maheshwaram(M) Ranga Reddy District 11 Soukunta Srinivas S/o. Ramulu, Ravirala(V) Maheshwaram(M) Ranga Reddy District 12 Gonemoni Chennamma W/o. Sathaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 13 Gonemoni Balaiah S/o.Lingaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 14 Soukuntla Laxmaiah S/o. Babaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 15 Kummari Jangamma W/o. Laxmaiah, Ravirala(V) Maheshwaram(M) Ranga Reddy District 16 Kummari Satthaiah S/o. Babaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 17 Salekula Narasimha S/o Lingaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 18 Thodeti Manemma W/o. Narayana Reddy Ravirala(V) Maheshwaram(M) Ranga Reddy District 19 Salekula Balaiah S/o Lingaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District 20 Nakka Ramulamma W/o late Ibrahim Ravirala(V) Maheshwaram(M) Ranga Reddy District 21 Yedla Mysaiah S/o. Mallaiah Ravirala(V) Maheshwaram(M) Ranga Reddy District ..... PETITIONERS AND 1 The Principal to Government of Andhra Pradesh Revenue Department,Secretariat Buildings Hyderabad 2 The District Collector Ranga Reddy District 3 The Revenue Divisional Officer East Division, Ranga Reddy District 4 Tahsildar Mandal Revenue Officer Maheswaram(M) 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, order direction in the nature of writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners land in Sy No.18 to extent of Ac 42.18gts., situated at Ravirala(V) Maheshwaram(M) Ranga Reddy District is arbitrary illegal and offending Articles 14 and 300A of the constitution of India and in violation of principles of natural justice and pass such other orders. Counsel for the Petitioners:MR.M.SUBRAHMANYAM Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27233 of 2008 ORDER: The petitioners who are 21 in number are residents of Ravirala Village of Maheswaram Mandal, Ranga Reddy District. As alleged and stated in paragraph-3 of the affidavit accompanying the writ petition, all of them were assigned an extent of about Acs.2.00 by way of ‘D’ Form patta by proceedings of the Tahsildar dated 21.2.1993. They allege that they obtained bank loans for digging bore wells and raised orchids of Guava, Mango etc. Some of them also alleged that they are cultivating paddy crop. In November, 2008, it is alleged that the revenue officials including the Tahsildar visited the lands and destroyed the crop without following due process of law. Therefore, they filed the writ petition seeking a Writ of Mandamus declaring the alleged high handed action of the revenue officials as illegal and arbitrary. The preliminary arguments were addressed in the Court on 16.12.2008. The learned Assistant Government Pleader for Revenue (Telangana Area), after obtaining instructions, brought to the notice of this Court that resumption orders were passed under Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. This was disputed. The learned Assistant Government Pleader was, therefore, directed to produce a copy of the order. Today, a copy of the proceedings No.B/727/06, dated 18.3.2006 is placed before this Court (The same is made part of the record). A perusal of the same would show that the land assigned to as many as 74 persons of Raviryala Village has been resumed by the Government for violation of the conditions of patta, namely, for not bringing the land under cultivation. The learned counsel for the petitioners, however, seriously disputes the proceedings and also contends that no notice was issued to the petitioners and such an order copy was not furnished to the petitioners. It is a disputed question of fact. This can be agitated by the petitioners before the Joint Collector, Ranga Reddy, by filing appropriate appeal. The petitioners have stated in paragraph-7 of the affidavit that they are in possession of the property and raised orchids as well as paddy crop. In view of this, there shall be status-quo for a period of two weeks from the date of furnishing a copy of the order. During this time, the petitioners may file an appeal before the Joint Collector and obtain necessary orders. As and when necessary appeal is filed, the Joint Collector shall entertain the appeal and dispose of the same after giving notice to the petitioners and considering the evidence that may be produced by the petitioners. The writ petition is accordingly disposed of. No costs. ____________ (V.V.S. RAO,J) 23rd December, 2008 Note: Furnish c.c. by 26.12.2008 B/o pnb