IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3848 of 2008 Between: Lella Sambaiah, S/o. Ramakotaiah, R/o. Himannagar, Enkur Mandal, Khammam District. ..... PETITIONER AND 1 The Special Deputy Collector (TW) Bhadrachalam, Khammam District. 2 Sri Punem Venkateswarlu, S/o. Buchiramulu R/o. Ramachandrapuram, hamlet of Gundepudi Village, Julurupadu Mandal, Khammam District. 3 The Tahsildar, Enkur Mandal, Enkur, Khammam 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 a Writ, Order or direction more in the nature of Mandamus declaring the orders passed by the first respondent in Case No.198/1998/ENK, dated 5-1-2008 in passing Decree and Ejectment in respect of the lands situated in Sy.No.427 situated at Nacharam Village, Enkur Mandal, Khammam District to an extent of Acres 6-20 gts, though in spite of dropping of LTR Case No.98/98/ENK dated 28-2-2006 as arbitrary, illegal and without having any power and jurisdiction under the provisions of A.P. (Scheduled Areas) Land Transfer Regulation 1 to 1959 and its amendment 1/1970 and also contrary to the law laid down by the Honorable Division Bench of the High Court reported in 2000 (2) ALT-155 and consequentially declare that the petitioner is entitled for possession and enjoyment of the said lands pending disposal of the above writ petition and to pass such other order or orders. Counsel for the Petitioner: MR.P.V.RAMANA Counsel for the Respondent Nos.1&3: GP FOR REVENUE Counsel for the Respondent No.2:MR. KOWTURI VINAYKUMAR The Court made the following : ORDER: This writ petition has been filed by Lella Sambaiah with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the order passed by the Special Deputy Collector (T.W.), Bhadrachalam, Khammam District-1st respondent in Case No.198/1998/ENK, dated 05.01.2008 as illegal and contrary to law. 2. The petitioner claims to be the possessor of land to an extent of Ac.6.20 guntas comprising Survey No.437/27, situated at Nacharam village of Enkoor Mandal, Khammam District. Further details are not required to be referred in view of the order proposed to be passed. 3. The principal grievance of the petitioner is that the Special Deputy Collector (T.W.), Bhadrachalam, Khammam District-1st respondent without effecting service of notice on him, proceeded to pass the order impugned in the writ petition. 4. Rule Nisi came to be ordered on 28.02.2008 and the order impugned in the writ petition is suspended vide order dated 28.02.2008 passed in W.P.M.P.No.5022 of 2008. 5. Heard learned counsel appearing for the petitioner and learned counsel appearing for the 2nd respondent and learned Government Pleader for Revenue for the respondents 1 and 3. 6. Learned counsel appearing for the 2nd respondent does not seriously dispute of non-service of notice on the petitioner. 7. Indisputably, the impugned order in this writ petition is an ex parte order. It is the contention of the petitioner that he was not put on notice by the Special Deputy Collector (T.W.), Bhadrachalam, Khammam District-1st respondent before passing the order impugned in the writ petition. 8. In that view of the matter, I deem it appropriate to allow the writ petition setting aside the order passed by the Special Deputy Collector (T.W.), Bhadrachalam, Khammam District-1st respondent in Case No.198/1998/ENK, dated 05.01.2008, and the matter is remanded to the 1st respondent for fresh consideration after putting the parties on notice and pass orders within four weeks from the date of receipt of a copy of this Order. 9. Accordingly, the writ petition is allowed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:23rd July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}