THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 3657 of 2005 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of 1st respondent in allotting Ac.4.00 of petitioner’s patta land situated in Sy.Nos. 215, 233 and 230 of Kanuparthy village, Podalakuru Mandal, Nellore District to respondents 4 to 7 as arbitrary and illegal; consequently to direct respondents not to interfere with the possession and enjoyment of the petitioner in respect of the said land. According to petitioner, he being a landless poor, was assigned with Ac.4.00 of land in Sy.Nos. 215, 233 and 230 of Kanuparthy village, Podalakuru Mandal, Nellore District and since then he has been in possession and enjoyment of the same. Further, the revenue authorities have also issued pattadar passbooks and title deeds in the year 1993. While that being so, in the year 2005 the respondents-authorities have resorted to assign the said land in favour of some third parties, namely, respondents 4 to 8. Hence, this writ petition. While admitting the writ petition, this Court granted status quo obtaining as on that day i.e. 28.2.2005. When a vacate stay petition – WVMP No. 477 of 2006 was filed, the said order of status quo was made absolute. It is the case of the petitioner that the patta granted in his favour in the year 1976 is neither cancelled nor suspended or any notice was issued for the purpose of cancellation of the said patta and resumption of the said land. It appears, in the year 2005 when the Government has taken up assignment programme, the lands of the petitioner were sought to be assigned in favour of third parties. The fact that the land in Sy.Nos. 215, 233 and 230 to an extent of Ac.4.00 at Kanuparthy village, Podalakuru Mandal, Nellore District was assigned in favour of the petitioner is not in dispute. Respondents-authorities simply said that when they wanted to resume the said land, they have issued a notice and since the petitioner was not found, the said notice was pasted at the land. Except this, no other averment is made. That means, respondents-authorities have not followed the procedure as required under the law for the purpose of cancellation of pattas by issuing notice, calling for explanation and passing final orders. Thus, as of today, pattas issued in favour of the petitioner hold good, since they are neither cancelled nor suspended. Unless and until the said pattas are either cancelled or suspended, the question of allotting the said land in favour of third parties in the guise of resuming the land to the Government does not arise. Therefore, the impugned action of the respondents-authorities in trying to dispossess the petitioner in the guise of resuming the lands to the Government is arbitrary, illegal and liable to be deprecated. In the result, writ petition is allowed and the respondents are directed not to interfere with the peaceful possession and enjoyment of the land of the petitioner in an extent of Ac.4.00 at Kanuparthy village, Podalakuru Mandal, Nellore District, without following due process of law. No order as to costs. JUSTICE C.V. RAMULU. Date: 24-12-2010. MVB.