IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3356 of 2008 Between: Ruthe Dharma Raju, S/o. Gangaram, R/o. H.No.4-2-259, Ravindra Road, Koratl proper and Mandal, Karimnagar District. ..... PETITIONER AND The Thahsildar, Mandal Revenue Officer, Koratla Mandal, Koratla, Karimnagar District. .....RESPONDENT 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 to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order or direction declaring the action of the respondent in threatening the petitioner to dispossess the petitioner from the land admeasuring 1 Acre 04 guntas in Sy.No.1249 situated at Koratla Shivar, Koratla Mandal, Krimnagar District basing on a notice dated 26.01.2008 and without giving any opportunity to the petitioner even though he has submitted suitable reply on 07.02.2008 to the said notice, as arbitrary, illegal, null and void and violative of Articles 14,19,21 and 300-A of the Constitution of India. Consequently direct the respondent not to dispossess the petitioner from the land admeasuring 1 Acre 04 guntas in Sy.No.1249 situated at Koratla Shivar, Koratla Mandal, Krimnagar District and to pass such other order or orders Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent : GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3356 of 2008 ORDER: It is the case of the petitioner that the then Mandal Revenue Officer, Koratla Village and Mandal, Karimnagar District, assigned the land admeasuring Ac.1-04 gts. in Sy.No.1249 situated at Koratla Village and Mandal, Karimangar District, in favour of the father of the petitioner namely one Gangaram in the year 1961. During the lifetime, the father of the petitioner cultivated the said land and after the death of his father, the petitioner succeeded the said land and he has been cultivating the same. While so, the respondent issued a notice No.B/92/08, dated 26-01- 2008, in the name of the father of the petitioner stating that the said assigned land has not been brought under cultivation and accordingly, asked to submit explanation as to why the said land should not be resumed. It is stated that though the impugned notice was addressed in the name of the father of the petitioner, who died on 08-07-1991, the petitioner submitted explanation on 07-02-2008 stating that said land has been brought under cultivation. It is stated that without passing any final order, the respondent is taking steps to dispossess the petitioner from the land in question. I am of the opinion that unless final orders are passed, the petitioner cannot be dispossessed from the land in question. Accordingly, the writ petition is disposed of directing the respondent not to dispossess the petitioner from the land in question until final orders are passed, pursuant to the show-cause notice, dated 26-01-2008. There shall be no order as to costs. __________ 19-02-2008 Note: Issue C.C. by tomorrow (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Thahsildar, Mandal Revenue Officer, Koratla Mandal, Koratla, Karimnagar District. 2. 2CCs to GP for Revenue. 3. 2CD copies