IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 6486 of 2000 Between: 1 K.Shankarappa, S/o Thimmaiah, Kodigenahalli village, Parigi Mandal, Via Hindupur, Ananthapur District. 2 Banappa, S/o Sankappa. Kodigenahalli village, Parigi Mandal, Via Hindupur, Ananthapur District. 3 K.Nagabhushanam, S/o Thimmaiah, Kodigenahalli village, Parigi Mandal, Via Hindupur, Ananthapur District. ..... PETITIONERS AND 1 The Joint Collector, Ananthapur, Ananthapur District. 2 The Revenue Divisional Officer, Pendukonda, Ananthapur District. 3 The Mandal Revenue Officer, Parigi Mandal, Ananthapur District. 4 M.Govinda Reddy, s/o Anjina Reddy, Motikapally (v), Hindupur (M), Ananthapur District. (Respondent No.4 is impleaded as per Court order dated 20.02.2008 in WPMP.No.14840 of 2001) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ, order or direction, more particularly one in the nature of Writ of 'Mandamus' declaring the actions of the 1st Respondent in passing the order in D.Dis.71/96/(B1/S&LRs) dt. 25-5- 1998 and consequential order No.D.Dis.364/97/E, dt.9-6-1998 issued by the 3rd respondent as illegal, arbitrary, unjust and contrary to the order No.L.Dis.(A4 No.484/98) dt. 4-2-1998 and against the principles of natural justice and set aside the same and consequently direct the 3rd Respondent to conduct enquiry afresh in respect of sub division in Kodiginahalli Village, Ananthapur district following the order of the 2nd respondents dt.24/6/1996 and after giving notice to the Petitioners in the interest of Justice. Counsel for the Petitioners:MR.M.RATNA REDDY Counsel for the Respondents: 1.GP FOR REVENUE (for R1 to R3) 2.None appeared for R4. The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6486 of 2000 ORDER: This writ petition is filed for a writ of Mandamus to set aside the order, dated 25.05.1998, of respondent No.1 and the consequential order, dated 09.06.1998, passed by respondent No.3 as illegal and arbitrary. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue (General) for Respondent Nos.1 to 3. No one appeared for respondent No.1. In the view I am taking, it is not necessary to refer to the facts in detail. It will suffice to state that by order, dated 24.06.1996, respondent No.2 sub-divided the lands in Sy.No.304. The petitioners admittedly have interest in some of the sub-divided survey numbers. In the revision petition filed by respondent No.4, the said order was set aside by respondent No.1, by his order, dated 25.05.1996, which is impugned in this writ petition. The only grievance of the petitioners in this case is that before passing the order, dated 25.05.1996, respondent No.1 has not given a notice and an opportunity of hearing to the petitioners, who admittedly are the beneficiaries of the order, dated 24.06.1996, passed by respondent No.2. In the counter affidavit filed by respondent No.1, the claim of the petitioners that they were not given a notice and an opportunity of hearing has not been denied. The law is well settled that before any order in favour of a person is set aside, he is entitled to a notice and an opportunity of hearing. Since admittedly respondent No.1 has not given a notice to the petitioners before passing the impugned order, the said order is vitiated on account of non-observance of principles of natural justice. The writ petition is, therefore, allowed. The order, dated 25.05.1996, passed by respondent No.1 is quashed and the consequential order, dated 09.06.1998, passed by respondent No.3 is also quashed. Respondent No.1 is directed to decide the revision filed by respondent No.4 afresh after giving an opportunity of hearing to the petitioners and all other persons interested in the dispute. ________________________ C.V.NAGARJUNA REDDY,J 10.06.2008 v v To 1 The Joint Collector, Ananthapur, Ananthapur District. 2 The Revenue Divisional Officer, Pendukonda, Ananthapur District. 3 The Mandal Revenue Officer, Parigi Mandal, Ananthapur District. 4 2 CCs to 5 2 CD copies.