IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 22570 of 2004 Between: Nallapaneni Ramaiah S/o.Subbaramaiah Dundigam Village, Dagadarthi (M), Nellore Dist. ..... PETITIONER AND 1 The Dist Collector Nellore Dist. 2 The Revenue Divisional Officer Kavali, Nellore Dist. 3 The Mandal Revenue Officer Dagadarthi Village*Mandal, Nellore Dist. .....RESPONDENT(S) 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 an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.3 in evicting the petitioner from the land to an extent of Ac 5.00 cents in Sy.No.397 situated at Dundigam Village, Dagadarthi Mandal, Nellore Dist, without giving any notice and without conducting any enquiry, is arbitrary,un-reasonable and accordingly set aside the impugned order passed by 3rd respondent made in Rc.No. B-248/2004 dt 10-9-2004 and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of petitioners land to an extent of Ac.5.00 cents situated in Sy.No.397 of Dundigam Village, Dagadarthi Mandal, Nellore Dist and pass such other and further orders, Counsel for the Petitioner:MR.G.TUHIN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following : ORDER: The present writ petition is filed questioning the proceedings dated 10-9-2004 issued by the Mandal Revenue Officer, ordering for resumption of the land canceling the assignment on the ground of violation of conditions of patta granted to the original assignee. The learned counsel for petitioner submitted that without issuing any notice and opportunity, the impugned proceedings have been passed violating the principles of natural justice. It is further submitted that similar proceedings were challenged before this Court and this Court disposed of a similar Writ Petition No. 21694 of 2004 on 25-11-2004 by setting aside the impugned order. Learned Government Pleader for Revenue submitted that as against the impugned order, a remedy of appeal is provided by way of appeal to the Revenue Divisional Officer. Heard learned counsel for petitioner and learned Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage. Following the order passed by this Court in W.P.No.21694 of 2004 dated 25-11- 2004, the impugned order dated 10-9-2004 is hereby set aside. However, the respondents are at liberty to pass appropriate orders, if they want to resume the land for violation of condition of grant, in accordance with law, after giving reasonable opportunity to all the concerned. Accordingly, the writ petition is disposed of at the admission stage. ------------------- N.V.RAMANA,J 07-12-2004 TVK ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist Collector Nellore Dist. 2 The Revenue Divisional Officer Kavali, Nellore Dist. 3 The Mandal Revenue Officer Dagadarthi Village*Mandal, Nellore Dist. 4...2CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT) 5..2CD copies