IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17294 of 2007 Between: 1. Shaik Rahamatullah S/o. Meera Saheb, R/o.Narrawada village, Duthalur Mandal Nellore District. 2. Shaik Rahamatullah S/o. Silar Saheb, R/o.Narrawada village, Duthalur Mandal, Nellore District. 3. Shaik Mastan Hussain, S/o. late Hussain Saheb, R/o.Narrawada village, Duthalur Mandal, Nellore District. 4. Shaik Chinna Hazrath, S/o. Khaja Vali, R/o.Narrawada village, Duthalur Mandal, Nellore District. 5. Mekapati Venkataramaiah, S/o. Bonthaiah, R/o.Narrawada village, Duthalur Mandal, Nellore District. 6. Smt.Mastan Bee, W/o. late Syed Khaja Vali, R/o.Narrawada village, Duthalur Mandal, Nellore District. ....Petitioners And 1. The District Collector,Nellore, Nellore District 2. The Revenue Divisional Officer, Kavali, Nellore District. 3. The Tahasildar, Duthalur Mandal,Nellore District. 4. The Village Revenue Officer, Narrawada Village, Duttaluru Mandal, Nellore District. 5. B.Venkateshwara Reddy, S/o. Vengala Reddy, R/o. Narrawada Village, Duttalur 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 will be pleased to issue a writ order or direction particularly one in the nature of writ of mandamus declaring the action of the official respondents in interfering with peaceful possession and enjoyment of petitioners respective lands i.e. the 1st petitioner to an extent of Ac.3.00 cents in Sy.No.22/3, the 2nd petitioner to an extent of Ac.2.99 cents in Sy.No.21/8, the 3rd petitioner to an extent of Ac.3.00 cents in Sy.No.22/4, the 4th petitioner to an extent of Ac.2.99 in Sy.No.21/7, the 5th petitioner to an extent of Ac.3.00 cents in Sy.No.22/5, and the 6th petitioner to an extent of Ac.2.99 cents in Sy.No.21/6 situated in Narrawada village, Duttalur Mandal, Nellore District without conducting any enquiry and without following due process of law as contemplated under A.P. Assignment (Prohibition of Transfer) Act, 1977 as arbitrary and unreasonable and consequently direct the official respondents not to interfere with the peaceful possession and enjoyment of the petitioners respective lands i.e. the 1st petitioner to an extent of Ac.3.00 cents in Sy.No.22/3, the 2nd petitioner to an extent of Ac.2.99 cents in Sy.No.21/8, the 3rd petitioner to an extent of Ac.3.00 cents in SY.No.22/4, the 4th petitioner to an extent of Ac.2.99 in Sy.No.21/7. the 5th petitioner to an extent of Ac.3.00 cents in Sy.No.22/5 and the 6th petitioner to an extent of Ac.2.99 cents in Sy.No.21/6 situated in Narrawada village, Duttalur Mandal, Nellore District. Counsel for the petitioners : None. Counsel for respondent Nos.1 to 4: Advocate General. The Court made the following : ORDER: (per Anil R. Dave, C.J.) This petition, which had been filed initially before the learned Single Judge, was referred to this Court in some peculiar circumstances. Though the name of learned Advocate, Sri K.V. Satyanarayana appeared on the record, it was stated by him before this Court that he never filed Vakalat and the signature on the Vakalat was not his signature. No one has appeared for the petitioners in this petition so far and it appears from the statement made by Shaik Rahmatullah, son of Meera Saheb, petitioner No.1 herein, on 17th December, 2007 before this Court that some blank papers were signed by him so as to give the papers to an advocate, but it appears that the amount of fees paid by him had been returned to him and, therefore, he or the other petitioners had no intention to proceed further with the petition. In view of the fact that the petitioners are not represented by anyone before this Court and from the statement made by petitioner No.1 before this Court, we see no reason to proceed further with the matter as the petitioners had no intention to file the petition. In the circumstances, the petition is dismissed for default for non- appearance of any advocate on behalf of the petitioners, with no order as to costs. ANIL R. DAVE, C.J. 21st April, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The District Collector, Nellore, Nellore District 2. The Revenue Divisional Officer, Kavali, Nellore District. 3. The Tahasildar, Duthalur Mandal, Nellore District. 4. The Village Revenue Officer, Narrawada Village, Duttaluru Mandal, Nellore District. 5 The Advocate General, High Court Buildings, Hyderabad (OUT). 6. Two C.D. copies. ARS