IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13144 of 2008 Between: 1 Darla Shambaiah, S/o. Kanakaiah, R/o. Mela cheruvu Village & Mandal, Nalgonda District. 2 Chinna Pandu Bakkaiah, S/o. Yellaiah, R/o. Mela cheruvu Village & Mandal, Nalgonda District. 3 Chinna Pandu Ramulu, S/o. Gaddaiah, R/o. Mela cheruvu Village & Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 The Collector, Nalgonda, Nalgonda District. 2 The Revenue Divisional Officer, Suryapet, Nalgonda District. 3 The Tahsildar/Mandal Revenue Officer, Mela Cheruvu, Melacheruvu Mandal, Nalgonda 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 an order or direction, more in the nature of Writ of Mandamus, declaring the action of the 3rd respondent, in not taking any steps with regard to the representation made by the children of the petitioners herein dated 5.12.2007 in respect of the land to an extent of Ac.3.00 in Sy.No.876 of Mela cheruvu Village and Mandal, Nalgonda District, as highly illegal, arbitrary contrary to law and unconstitutional, apart from being violative of Articles-14,21 and 300-A of the Constitution of India, and consequently to directthe respondents, to permit the petitioners herein, to cultivate the above said lands granted inf avour of the petitioners in the year 1975, by duly disposing of the representation dated 5.12.2007 to the 1st respondent, and pass Counsel for the Petitioner:MR.A.RADHA KRISHNA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 13144 of 2008 Order: This writ petition is ﬁled seeking a Mandamus declaring the action of the 1st respondent-District Collector in not taking any steps with regard to the representation dated 05.12.2007 made by the children of the petitioners herein, seeking to permit the petitioners to cultivate the land in an extent of Ac.3-00, situated in Survey No.876 of Melacheruvu village and mandal, Nalgonda District, as illegal and arbitrary. The petitioners state that they were allotted agricultural land to an extent of Ac.1-00 each in Survey No.876, situated at Melacheruvu village and Mandal, Nalgonda District, in the year 1975, in terms of the orders issued in G.O. Ms. No. 1406, dated 26.07.1988 read with G.O. Ms. No. 1374, dated 26.03.1959, and patta certiﬁcates were also issued in their favour, vide proceedings Rc. No. 2769/75, dated 05.12.1975. Since then they have been cultivating the said lands and eking out their livelihood. While so, it is the case of the petitioners that when the management of Suvarna Cement Company did not allow them to cultivate the said lands on the ground that the same are in their possession and occupation, their children made a representation dated 05.12.2007 requesting the respondents to take appropriate action against the management of Suvarna Cement Company, and to permit them to cultivate the lands in question. But, no action thereon had been taken till date. Hence, they ﬁled the present writ petition. The 3rd respondent-Tahsildar ﬁled his counter aﬃdavit admitting the fact that the petitioners were assigned the land in an extent of Ac.1-00 each, totally admeasuring Ac.3-00, situated in Survey No.876 of Mellacheruvu village and Mandal, Nalgonda District, in the year 1975 in terms of orders issued in G.O. Ms. No. 406, dated 26.07.1988 read with G.O. Ms. No.1374, dated 26.03.1959. But, it is stated that the petitioners, in violation of the conditions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, have sold away the lands assigned to them to Suvarna Cements Limited, and therefore, they initiated proceedings under the said Act to take appropriate action against the petitioners/assignees as well as Suvarna Cements Limited/purchaser, and the same is pending. In view of the averments made by the 3rd respondent- Tahsildar in his counter aﬃdavit, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition with the following directions. The respondents are directed to complete the enquiry, said to have been initiated by them against the petitioners as well as Suvarna Cements Limited, under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, expeditiously. However, the petitioners are at liberty to take all the objections, which they sought to take in this writ petition, in the said proceedings. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 01.08.2008 Nsr