HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20768 of 2008 Date: 25.04.2011 Between : Inukurthi Suseelamma & others. …….Petitioners And The Tahsildar, B.Mattam Mandal, Kadapa District. ….Respondent HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20768 of 2008 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondent in high- handedly preventing the petitioners from enjoying the lands assigned to them in Diguva Nelaturu village of B.Mattam Mandal in Kadapa District, without passing any order as directed by this Court in W.P.No.13339 of 2007 and batch, dated 16.07.2008, as illegal and arbitrary. The petitioners are granted DKT pattas assigning agricultural lands in Gunthapalli village of Badvel Mandal of Kadapa District. Earlier, when an order, dated 15.04.2007, was passed cancelling the pattas granted to the petitioners, the same was questioned in three writ petitions being W.P.Nos.13339, 13340 and 14908 of 2007, and this Court, by an order, dated 16.07.2007, while setting aside the cancellation order, remanded the matters to the Tahsildar, B.Mattam Mandal, for fresh consideration. In the aforesaid writ petitions, directions were also issued to notify to the petitioners, the grounds on which the assignments are sought to be cancelled, and pass appropriate orders, after obtaining proper explanation from them. In this writ petition, it is the grievance of petitioners that although the earlier order, dated 15.04.2007, cancelling the pattas granted to the petitioners, was set aside by this Court, without passing any further orders, the respondent is preventing the petitioners from entering into their lands for cultivating the same. At the stage of admission, this Court granted interim orders, directing the respondent not to interfere with the possession of petitioners. Counter affidavit is filed by the Tahsildar of Brahmamgari Mattam Mandal, Kadapa District. In the counter, while narrating the facts which led to passing of order in the earlier round of litigation, it is stated that the order, dated 15.04.2007, cancelling the pattas granted to the petitioners, was set aside by this Court. It is further stated that after disposal of writ petitions by this Court, no notices were issued to the petitioners and it is stated that the areas claimed by the petitioners are vacant and there is no cultivation in the said lands. Counter further states that no steps are taken to dispossess the petitioners and if the land is required for any public purpose, due procedure will be followed as per the directions of this Court in W.P.No.13339 of 2007 and batch. From the averments made in the counter affidavit, it is clear that the order of cancellation, dated 15.04.2007, is already set aside by this Court and though liberty is given to the respondents in the aforesaid batch of cases for passing fresh orders, no further proceedings are initiated. In that view of the matter, there appears no reason for not allowing the petitioners to cultivate their lands. In view of the stand taken by the respondents in the counter affidavit that if the land is required for any public purposes, due procedure will be followed for acquisition as per the directions of this Court in W.P.No.13339 of 2007 and batch, I deem it appropriate to dispose of the writ petition, directing the respondent not to interfere with the possession of petitioners over the lands covered by D- form pattas issued in their favour and in the names of their predecessors in title. However, this will not preclude the authorities from taking appropriate steps in accordance with law, in case of violation of conditions of grant of patta or for any other valid reasons. Writ petition is disposed of with the directions referred above. No costs. _____________________ R.SUBHASH REDDY, J 25th April 2011 ajr