IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13938 of 2008 Between: B. Narayana Reddy, S/o. Beedala Obi Reddy, R/o. Venkatathimmapuram Village, Darsimala, Dharamavaram Manal, Anantapur District. ..... PETITIONER AND 1 The District Collector, Anantapur. 2 The Revenue divisional Officer, Anantapur. 3 The Tahsildar, Dharmavaram. 4 The Station House Officer, Rural Police Station, Dharmavaram Town, Anantapur District. 5 Sri Nanne Jan, S/o. Ameer Sab, R/o. D.No. 17/619, Boya Street Dharmavaram Town, Anantapur District. 6 Mahammed Sharif, S/o. Ameer Sab, R/o. D.No. 17/619, Boya Street Dharmavaram Town, Anantapur District. 7 Chanda Basha, S/o. Ameer Basha, R/o. D.No. 17/619, Boya Street Dharmavaram Town, Anantapur District. 8 Anwar Sab, S/o. Abdul Rahiman, R/o. D.No. 17/619, Boya Street Dharmavaram Town, Anantapur District. 9 Khadeer Sab Alias Basha, S/o. Abdul Rahiman, R/o. D.No. 17/619, Boya Street Dharmavaram Town, Anantapur District. 10 Naseer, S/o. Abdul Rahiman, R/o. D.No. 17/619, Boya Street Dharmavaram Town, Anantapur District. 11 Shamivulla, S/o. Abdul Rahiman, R/o. D.No. 17/619, Boya Street Dharmavaram Town, Anantapur 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 will be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings of the 3rd respondent made in R.C(B) 343/2007 dated 07-03- 2008, and respondents trying to dispossessing the petitioner from the land in Sy.No. 107-5 an extent of Ac. 4- 78 cents situated at Dsrimala, Dharmavaram Mandal, Anantapur District as illegal, arbitrary, violation of principles of natural justice and violation of Article 14 and 19 of the Constitution of India and consequently set aside the impugned proceedings of the 3rd respondent made in R.C (B) 343/2007 dated 07-03-2008 and pass such other order or orders as this Court deems fit and proper. Counsel for the Petitioner: MR.N.ASWARTHA NARAYANA Counsel for the Respondent No.: GP FOR REVENUE GP for Home Mr.N.Venkata Prasad The Court made the following : ORDER: This writ petition is ﬁled challenging the proceedings of the 3rd respondent – Tahsildar, Dharmavaram dated 7.3.2008 directing the Mandal Revenue Inspector-II, Dharmavaram to take possession of the land in Sy.No.107.5 in an extent of 4.78 cents of Darsinamala Village and to hand over possession of the same to the legal heirs of the original assignee. It is the case of the petitioner that his mother purchased the land in Sy.No. 107.5 in an extent of 4.78 cents of Darsinamala Village, Dharmavaram Mandal, Anantapur District under registered sale deed dated 19.4.1964 and since then she is in possession and enjoyment of the said land. After her death, the petitioner succeeded to the said property. Thereafter, the revenue authorities after conducting enquiry, made necessary changes in the revenue records and issued pattadar pass books and title deeds in favour of the petitioner. While the matters stood thus, the 3rd respondent – Tahsildar, Dharmavaram Mandal Ananthapur District issued orders resuming the land and also restoring possession of the same to respondents 3 to 9. Aggrieved by the said orders, he preferred an appeal before the 2nd respondent – Revenue Divisional Oﬃcer on 3.5.2008 along with a stay petition. The grievance of the petitioner is that though the appeal is entertained, no orders are passed on the stay petition and taking advantage of the situation, the respondents are trying to dispossess him from the schedule property. This Court on 3.7.2008 issued notice before admission and directed the parties to maintain status quo. Pursuant to the said notice, respondents 1 to 3 ﬁled counter aﬃdavits inter alia stating that the subject matter of land is classiﬁed as a government assessed waste land and as per the 10-1 account vide Kulam No.240, an assignment was granted in favour of one Smt.Kalandar Bee of Darsinamala Village in the year 1956 in respect of the said land by the then Tahsildar but the DA R Dis. was not noted in the 10-1. The original assignee and his two sons sold the said land in favour of the mother of the petitioner herein contrary to the conditions of the assignment and, therefore, a notice was issued in Form-1 to the sons of the original assignee calling for their explanation as to why the land assigned in favour of their mother should not be resumed to government and Form-II notice was issued to the purchaser calling for his explanation as to why he should not be dispossessed from the assigned land as against which the petitioner carried the matter in appeal before the 2nd respondent along with a stay petition. Since the said stay petition was rejected though the appeal was admitted, the present writ petition is ﬁled and as on today, the petitioner is not dispossessed from the said land. However, it is admitted in the counter aﬃdavit that pattadar pass books and title deeds were issued in favour of the petitioner herein. Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue as also the learned counsel appearing for the 5th respondent. Admittedly against the orders passed by the 3rd respondent – Tahsidlar, the petitioner has preferred an appeal before the 2nd respondent along with a stay petition and though the stay petition was dismissed, the appeal is still pending adjudication and the appellate authority has called for the records from the lower court. In the circumstances, without going into the merits of the matter, the Revenue Divisional Oﬃcer, the 2 nd respondent herein is directed to pass orders in the appeal expeditiously and till such time, status quo orders granted by this Court on 3.7.2008 shall continue. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.27.8.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Anantapur. 2 The Revenue divisional Officer, Anantapur. 3 The Tahsildar, Dharmavaram. 4 The Station House Officer, Rural Police Station, Dharmavaram Town, Anantapur District. 5 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 6 2 CCs to Govt.Pleader for Home, High Court of A.P. Hyd. 7 2CD copies