IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4321 of 2008 Between: 1 Nadimpalli Srinivas Raju S/o. N.S. Raju 2 Smt. Vani Madhuri Patnaik W/o. S. Vijay Kumar Patnaik 3 Smt. E. Sonia Patnaik W/o. M.M.K. Patnaik 4 J. Joga Rao Patnaik S/o. D.A. Patnaik 5 A. Srinivasa Raju S/o. A. Subba Raju 6 Ch. Kasi Raju S/o. Late Ch. Krishnam Raju ..... PETITIONERS AND 1 The Joint Collector, Vizianagaram, Vizianagaram District. 2 The Revenue Divisional Officer, Vizianagaram, Vizianagaram District. 3 The Tahsildar, Bhogapuram Mandal, Vizianagaram District. 4 Sri Pasupuleti Simhachalam S/o. Late Appalaswamy R/o. Bhogapuram village and Mandal, Vizianagaram District. 5 Sri P. Chandra Rao S/o. Kondappa R/o. Bhogapuram village and Mandal, Vizianagaram District. 6 Sri Palla Narayana S/o. Late Appala Swamy R/o. Bhogapuram village and Mandal, Vizianagaram District. 7 Sri Palla Appa Rao S/o. Late Appala Swamy R/o. Bhogapuram village and Mandal, Vizianagaram District. 8 Sri Pasupuleti Appala Raju S/o. Gurayya R/o. Bhogapuram village and Mandal, Vizianagaram District. 9 Sri Dubbaka Vaneesu S/o. Late Sanyasi R/o. Bhogapuram village and Mandal, Vizianagaram District. 10 Sri Dubbaka Tata Rao S/o. China Narasimhulu R/o. Bhogapuram village and Mandal, Vizianagaram District. 11 Sri Pothula Rama Konda @ Konda S/o. Late Sanyasi R/o. Bhogapuram village and Mandal, Vizianagaram District. 12 Sri Pasupuleti Suryanarayana S/o. Pasupuleti Gurayya R/o. Bhogapuram village and Mandal, Vizianagaram District. 13 Sri Pasupuleti Rajanna S/o. Venkappa R/o. Bhogapuram village and Mandal, Vizianagaram 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings D Dis.No.2703/2007 D5 dated 5.6.2007 of the first respondent as illegal, arbitrary and violation of the principles of natural justice and consequently direct the respondents to restore the pattedar pass books and title deeds in respect of the property of the petitioner No.1 bearing Sy. No.415/1P and 327/2P totally admeasuring an extent of Ac.7.33 guntas vide patta No.1063 under registered sale deed document No.179/2005 dated 18.01.2005, petitioner No.2 bearing Sy. No.328/8 admeasuring an extent of Ac.5.06 cents under registered sale deed dated 10.12.2004 vide document No.3633/2004 and patta No.106, petitioner No.3 bearing Sy.No.415/1P admeasuring an extent of -2- Ac.5.00 cents under registered sale deed dated 10.12.2004 vide document No.3632/2004 vide patta No.1060, petitioner No.4 bearing Sy. No.327/2P admeasuring an extent of Ac.3.00 cents under registered sale deed dated 18.01.2005 vide document No.178/2005 under patta No.1064, petitioner No.5 bearing Sy. Nos.328/2, 326/7, 327/2P, 415/1P totally admeasuring an extent of Ac.3.92 cents under registered sale deed dated 18.01.2005 vide document No.177/2005 under patta No.1062, petitioner No.6 bearing Sy. Nos.328/9, 328/8P, 328/4 totally admeasuring an extent of Ac. 1.99 cents under registered sale deed dated 18.01.2005 vide document No.180/2005 under patta No.1065 situated at Bhogapuram Village, Vizianagaram District respectively; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI E. MADAN MOHAN RAO, Advocate for the Petitioners and of the Govt. Pleader for Revenue for the respondents 1 to 3, the Court made the following: ORDER: The petitioners challenge the proceedings, dated 5-06-2007, issued by the Joint Collector, Vizianagaram. Their specific case is that they were not issued any notice before the impugned order was passed. The impugned proceedings do not make any mention about the issuance of notice. Sri Palla Narayana, s/o. late Appal Swamy, the sixth respondent herein, filed a counter-affidavit stating that notice was issued to the petitioners. Though the writ petition was admitted way back on 29-02-2008, neither a counter-affidavit nor the record is filed by respondents 1 to 3. The learned Government Pleader for Revenue is directed to produce the record relating to the proceedings and the sixth respondent together with the persons who are said to have given him the information about the notice shall appear before this court on 2-03-2009. The impugned order was passed by Sri M. Jagan Mohan, Joint Collector, Vizianagaram, who is said to be now the Joint Collector-I, Ranga Reddy District. The impugned proceedings do not state the provision under which it was passed. Though the persons in whose favour the pattadar pass books were issued were named, it is not indicated that they were issued notices and he has proceeded to cancel the same. The Joint Collector-I, Ranga Reddy District is directed to explain as to why necessary directions be not issued to the Government not to entrust such functions to him in future. -3- Registry is directed to issue notice to Sri M. Jagan Mohan, Joint Collector-I, Ranga Reddy District. Post on 2-03-2009 in Motion List. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Joint Collector, Vizianagaram, Vizianagaram District. 2 The Revenue Divisional Officer, Vizianagaram, Vizianagaram District. 3 The Tahsildar, Bhogapuram Mandal, Vizianagaram District. 4 Sri Pasupuleti Simhachalam S/o. Late Appalaswamy R/o. Bhogapuram village and Mandal, Vizianagaram District. 5 Sri P. Chandra Rao S/o. Kondappa R/o. Bhogapuram village and Mandal, Vizianagaram District. 6 Sri Palla Narayana S/o. Late Appala Swamy R/o. Bhogapuram village and Mandal, Vizianagaram District. 7 Sri Palla Appa Rao S/o. Late Appala Swamy R/o. Bhogapuram village and Mandal, Vizianagaram District. 8 Sri Pasupuleti Appala Raju S/o. Gurayya R/o. Bhogapuram village and Mandal, Vizianagaram District. 9 Sri Dubbaka Vaneesu S/o. Late Sanyasi R/o. Bhogapuram village and Mandal, Vizianagaram District. 10 Sri Dubbaka Tata Rao S/o. China Narasimhulu R/o. Bhogapuram village and Mandal, Vizianagaram District. 11 Sri Pothula Rama Konda @ Konda S/o. Late Sanyasi R/o. Bhogapuram village and Mandal, Vizianagaram District. 12 Sri Pasupuleti Suryanarayana S/o. Pasupuleti Gurayya R/o. Bhogapuram village and Mandal, Vizianagaram District. 13 Sri Pasupuleti Rajanna S/o. Venkappa R/o. Bhogapuram village and Mandal, Vizianagaram District. (1 to 13 by RPAD) 14.Sri M. Jagan Mohan, Joint Collector-I, Ranga Reddy District. (BY SPL. MESSENGER) 15. 2 CCs to the G.P. for Revenue, High court of A.P.Hyd.(By SPL. MESSENGER) 16. One C.C.to Sri E.Madan Mohan Rao Advocate. (OPUC) 17. one spare copy. HIGH COURT LNR.J DATED 24-02-2009 POST ON 2-03-2009 IN MOTION LIST. ORDER W.P.NO. 4321 OF 2008 DIRECTION Bsr Dt. 26-2-2009 HIGH COURT LNR.J DATED 24-02-2009 POST ON 2-03-2009 IN MOTION LIST. ORDER W.P.NO. 4321 OF 2008 DIRECTION