HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23225 of 2008 Date : 11.07.2011 Between : Vajja Venkataseshamma & others. …..Petitioners And State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23225 of 2008 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in insisting the petitioners to vacate the lands admeasuring Ac.5.00 cents, Ac.5.00 cents, Ac.1.50 cents, Ac.0.80 cents and Ac.2.50 cents, covered by Sy.Nos.409/1, 409/2, 577/1, 577/7 and 577/8 of Padakandla village, as illegal, arbitrary and without jurisdiction, with a consequential direction to the respondents not to cancel the assignment pattas granted in their favour. The petitioners claim that they were assigned the aforesaid lands, as they were land less poor persons. It is their grievance that though they have not violated any conditions of grant, without passing any orders for resumption, respondents are taking steps for their eviction from the lands in question. A detailed counter affidavit is filed by the respondents. In the counter affidavit, while denying the various allegations made by the petitioners, it is stated that though the lands were assigned to the petitioners about 30 years back, the same were never brought under cultivation by the original assignees. It is stated that as the petitioners have violated the conditions of grant, respondents have passed orders of resumption, dated 20.07.2007, issued in Proceedings No. Rc.B/177/2007 and resumed the possession on 08.08.2007. In this writ petition, it is to be noticed that resumption orders are not under challenge. From the averments made in the counter affidavit, which are not rebutted by way of any reply, it is clear that the orders of resumption are passed on 20.07.2007 in proceedings No. Rc.B/177/2007. As much as the resumption orders are not challenged, and in view of the averments in the counter affidavit that pursuant to the resumption orders, possession is already taken on 08.08.2007, no relief as prayed for in this writ petition, can be granted. However, as it is stated that the petitioners were not given proper opportunity before passing the resumption orders and the resumption orders are not served on them, I deem it appropriate to dispose of the writ petition with a direction to the respondents to maintain status quo as on today with regard to possession, for a period of two months from today, and if the petitioners choose to question the orders of resumption, liberty is given to them to question such orders of resumption, within the said period of two months. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 11th July 2011 N.B: Issue C.C. in three days. (b/o) ajr