IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 17724 of 2001 Between: 1 Boddupalli Raghavendra Rao S/o Raghaiah Marripadu Village, Sangam Mandal, Nellore District. 2 Revuru Bujjamma W/o Seenaiah Marripadu Village, Sangam Mandal, Nellore District. 3 Pyda Eswaramma W/o Ramaiah Marripadu Village, Sangam Mandal, Nellore District. 4 Gutti Sarojanamma W/o Veera Swamy Marripadu Village, Sangam Mandal, Nellore District. 5 Kola Ramadasu S/o Subbaiah Marripadu Village, Sangam Mandal, Nellore District. 6 Anumalasetty Kondaiah S/o Chinna Subbaiah Marripadu Village, Sangam Mandal, Nellore District. 7 Vema Venkataratnam S/o Venkatasubbaiah Marripadu Village, Sangam Mandal, Nellore District. 8 Dronadula Pullaiah S/o Venkataswamy Marripadu Village, Sangam Mandal, Nellore District. 9 Mogguluru Ramasubbaiah S/o Subbaiah Marripadu Village, Sangam Mandal, Nellore District. 10 Sk Goush S/o Galib Saheb Marripadu Village, Sangam Mandal, Nellore District. 11 Raavuri Venkateswarlu S/o Basavaiah Marripadu Village, Sangam Mandal, Nellore District. 12 Pendyala Saradamma W/o Subbarao Marripadu Village, Sangam Mandal, Nellore District. 13 Patan Aminabhi S/o Mastan Saheb Marripadu Village, Sangam Mandal, Nellore District. 14 Gadde Sriramulu, S/o Venkaiah Marripadu Village, Sangam Mandal, Nellore District. 15 Baisani Koteswara Rao, S/o Subbaramaiah Marripadu Village, Sangam Mandal, Nellore District. 16 Baisani Vijayalakshmamma, W/o Subbaramaiah Marripadu Village, Sangam Mandal, Nellore District. 17 Vema Venkata Seshaiah, S/o Venkata Subbaiah Marripadu Village, Sangam Mandal, Nellore District. 18 Baisani Ramaiah, S/o Ragaiah Marripadu Village, Sangam Mandal, Nellore District. 19 Devarapati Narayana S/o Nagaiah Marripadu Village, Sangam Mandal, Nellore District. 20 Nutakki Chenchu Lakshmamma, W/o Subrahmanyam Marripadu Village, Sangam Mandal, Nellore District. 21 Vemu Venkatachalam S/o Venkata Subbaiah Marripadu Village, Sangam Mandal, Nellore District. 22 Pramasani Venkata Subbaiah, S/o Pitchaiah Marripadu Village, Sangam Mandal, Nellore District. 23 Baisani Sivakumar S/o Subbaramaiah Marripadu Village, Sangam Mandal, Nellore District. 24 Chinni Jaya Koteswaramma W/o Venkata Subbaiah Marripadu Village, Sangam Mandal, Nellore District. 25 Baisani Radha Krishnaiah, S/o Raghavaiah Marripadu Village, Sangam Mandal, Nellore District. 26 Vidavaluru Subbaiah, S/o Penchalaiah Marripadu Village, Sangam Mandal, Nellore District. 27 Pacha Penchala Ravi Kumar S/o Venkatanarasaiah Marripadu Village, Sangam Mandal, Nellore District. 28 Bandlamoodi Narasamma, W/o Venkaiah Marripadu Village, Sangam Mandal, Nellore District. 29 Dodla Pakeeraiah S/o Tirapaiah Marripadu Village, Sangam Mandal, Nellore District. 30 Dronadula Mahalakshmamma, W/o Venkataswami, Marripadu Village, Sangam Mandal, Nellore District. ..... PETITIONERS AND 1 The District Collector, Nellore District, Nellore. 2 The Revenue Divisional Officer, Kavali, Nellore District. 3 The Mandal Revenue Officer, Sangam Mandal, Nellore 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 may be pleased to issue writ or direction or order or more particularly in the nature of Writ of Mandamus declaring the notice issued by the third respondent herein dated 16.4.2001 in RC.B/156/2000, as illegal arbitrary, unjust and without jurisdiction and set a side the same. Counsel for the Petitioners : MR.V.NARAYANA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : .. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.17724 OF 2001 ORDER: This writ petition is filed seeking to declare the notice issued by the 3rd respondent dated 16-4-2001 in RC.B/156/2000, as illegal, arbitrary and unjust and set aside the same. While producing a copy of the order passed in W.P.No:10531 of 2001 before this Court, it is brought to the notice of this Court by the learned counsel for the petitioners in this writ petition that against the very same notice dated 16-4-2001, which is impugned herein, another set of 15 assignees have filed W.P.No.10531 of 2001 and the same was allowed by this Court on 18.7.2005 by taking into consideration, the counter, similar as also filed in the present writ petition. I have perused the facts of the case and the counter affidavit filed in the present writ petition as well as the notice impugned. The notice impugned herein and impugned in W.P.No:10531 of 2001 and the order passed on 15.2.2000 by the Mandal Revenue Officer canceling the assignments in both the writ petitions, are one and the same. But, the claim of the petitioners therein is that some of them are the lessees and some of them are the assignees. In the instant case, all the petitioners, who claim to be the assignees, have similarly denied the receipt of any order canceling their assignments. A perusal of the counter-affidavit filed by the Mandal Revenue Officer in this writ petition goes to show that that he had inspected the land on 11.2.2000 and on the same day, he is said to have served the notice on all the assignees and within four days thereafter, he appears to have passed the order dated 15-2-2000 canceling the assignment etc. Thus, the above contention of respondent in concluding proceedings and passing the order on 15.2.2000 cancelling the assignments within four days from inspection on 11.2.2000, does not appear to be a believable one and thereby, it amounts to violation of the principals of natural justice. At this stage, it is relevant to go through the observations made by this Court at page 5 of the order in W.P.No:10531 of 2001, which read as under: “Admittedly, it is clear that the petitioners were not served with the order passed by the concerned Mandal Revenue Officer with regard to cancellation of their assignment. Therefore, I am not able to accept the contentions raised by the learned Govt. Pleader for the respondents. Accordingly, the notice dated 16-4-2001 issued by the third respondent in R.C.No.B/156/2000 is set aside on the ground that the petitioners in this writ petition were not served with the order passed by the Mandal Revenue Officer, Sangem, Nellore District. The writ petition is accordingly allowed. No costs. However, this order does not preclude the respondents in proceeding with the mater in accordance with law.” In view of the present facts and circumstances of the case, I am of the view that the issue involved in this writ petition is squarely covered by the order of this Court passed by this Court in W.P.No:10531 of 2001. Accordingly, this writ petition is allowed in terms of the order passed by this Court in W.P.No.10531 of 2001. ________________________________ Justice VILAS V. AFZULPURKAR Dated 15th December, 2008. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.17724 of 2001 Dated 15th December, 2008.