HON’BLE MR JUSTICE A. GOPAL REDDY WRIT PETITION NO.10056 OF 1993 DATE:23.03.2006 Between: Kalle Gangaram and two others ..... PETITIONERS AND The Revenue Divisional Oficer, Karimnagar, & two others. .....RESPONDENTS HON’BLE MR JUSTICE A. GOPAL REDDY W.P. No.10056 OF 1993 ORDER: This Writ Petition has been filed for issuance of a writ of Mandamus directing the second respondent not to evict the petitioners from the assigned lands in an extent of Ac.2.20 guntas in Sy.No.556; Ac.1.20 guntas in Sy.No.556/14; and Ac.1.00 in Sy.No.556/13 respectively, situated at Nustulapur village, Thimmapur Mandal, Karimnagar District by declaring the action of the second respondent in taking steps to dispose of the petitioners from the said lands without giving any notice and without passing any order following the procedure of law, as illegal and arbitrary. The averments made in the affidavit filed in support of the writ petition are that since the petitioners are landless poor persons, the Tahsildar of Karimnagar District had assigned the Government land in their favour in accordance with the Lavoni Rules contained in G.O.Ms.No.1406, dated 25.7.1958 read with G.O.Ms.No.1724, dated 26.8.1959. Accordingly, final assignment patta certificates were issued in favour of the petitioners in respect of the lands referred to above, on 28.4.1976 and since then, they have been in possession and enjoyment of the said lands. While so, the Mandal Revenue Officer-second respondent herein in collusion with the third respondent, without initiating any proceedings nor serving any notice, has been trying to dispossess the petitioners from the land in question with an intention to assign the same in favour of the third respondent. In support of the claim of the petitioners, copies of final patta certificates, dated 28.4.1976 issued by the then Tahsildar of Karimnagar District in favour of the petitioners assigning the lands in question, have been enclosed with the material papers. Though this Court granted an interim order in favour of the petitioners staying the dispossession as early as in the year 1993 in W.P.M.P.No.12726 of 1993, the respondents did not choose to file any counter affidavit disputing the claim of the petitioners. Once the lands were assigned in favour of the petitioners by issuing final patta certificates, if they have violated any conditions of the assignment, it is needless to say that the respondents are under obligation to take steps for resumption of the lands for such violation, if any, only after duly serving necessary notice. Without following the procedure contemplated under law, the respondents cannot dispossess the petitioners from the lands in question nor can assign the same in favour of the third respondent. Hence, the respondents are directed not to dispossess the petitioners from the lands in question without following the due procedure contemplated under the law. With the above observations, the Writ Petition is disposed of. No costs. ________________ A. GOPAL REDDY, J 23rd MARCH, 2006. Tsr