The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.22437 of 2010 Date: 08-09-2010 Between: Banoth Ram Murthy and 4 others ..... Petitioners AND The Joint Collector, Khammam District, Khammam and 2 others .....Respondents Counsel for the Petitioners: Mr.Bommagani Prabhakar Counsel for the respondents: AGP for Revenue The Court made the following: Order: This Writ Petition is filed for a Mandamus to set aside proceedings, dated 28-08-2010, issued by respondent No.1. The mother of petitioner Nos.1 to 3 and petitioner Nos.4 and 5 were assigned lands varying between Ac.0-25 guntas and Ac.0-30 guntas in the year 1986. On the basis of a news item published on 25-08-2010, respondent No.1 has initiated an enquiry and called for a report from respondent No.1. After conducting preliminary enquiry, respondent No.2 had submitted a report on 27-08-2010 wherein he has recommended for revoking the decision of respondent No.3, who handed over possession of the assigned land admeasuring Ac.0-30 guntas to petitioner Nos.1 to 3 on the demise of their mother. After knowing certain material aspects from the report of respondent No.2, respondent No.1 passed the impugned order with the following directions: “1. The orders of the Tahsildar, Khammam (Rural), dated 09-08-2010, in Rc.No.C/4464/10 and the Panchanama conducted by the Mandal Revenue Inspector-I, Khammam (Rural) on 11-08- 2010 through which an extent of Ac.0-30 guntas in survey No.136 of Yedulapuram (V) handed over to the legal heirs of Banoth Mangi, W/o.Giska are hereby cancelled. 2. The Tahsildar, Khammam (Rural) is hereby directed to take over possession of the above land through Panchanama and keep the entire Potkharab land of Acs.6-09 guntas in Government custody till further orders. 3. The Revenue Divisional Officer, Khammam is hereby directed to conduct thorough enquiry on entire land in Survey No.136 of Yedulapuram (V) i.e., Potkharab land Acs.6-09 guntas and on the land Acs.3-10 guntas, assigned in the name of Lunavath Teja, Banothu Mutyalu, Banoth Mangi, Banoth Ramani, Banoth Ramachandru with reference to record and files, and to find out the actual location as to where the land was originally assigned during 1975 and 1986 by issuing notices to all the assignees concerned. 4. The Revenue Divisional Officer, Khammam, is also directed to verify the original assignment files and original patta certificates issued to the assignees with reference to original Sethwar and Survey records, and also conduct personal enquiry on the spot and submit factual report with record of enquiry with regard to Survey No.136 and 142 as published in the news item, within one month i.e., on or before 27-09-2010 without fail.” The above-reproduced order of respondent No.1 is questioned in this Writ Petition. At the hearing, Sri Bommagani Prabhakar, learned Counsel for the petitioners, submitted that the petitioners are poor farmers and that the assignments having been made as far back as the year 1986 on the basis of the possession of the assignees right from 1958-59, there is no justification whatsoever for respondent No.1 to direct taking over possession of the assigned lands pending completion of enquiry. After carefully considering the submissions of the learned Counsel for the petitioners and perusing the order of respondent No.1, I am of the opinion that while no exception can be taken to respondent No.1 holding an enquiry, so long as the pattas granted in favour of the assignees is not cancelled, their right of enjoyment cannot be interdicted. In this view of the matter, the impugned order of respondent No.1, to the extent of directing respondent No.3 to take possession, cannot be sustained. However, respondent No.1 is entitled to proceed with the enquiry and pass a final order after considering the final report of respondent No.2. Till passing of a final order, the petitioners cannot be deprived of the enjoyment of the property in question. Accordingly, the order of respondent No.1, to the extent of dispossessing the petitioners, is set aside. The petitioners, however, shall not change the physical features of the lands in question or alienate or encumber the same in any manner till completion of the enquiry and passing of final order by respondent No.1. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.28603 of 2010, filed by the petitioners for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 8th September, 2010 lur