IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4930 of 2009 Between: 1 Nadimpalli Srinivasa Raju S/o. N.S. Raju R/o. Plot No.158/159, Ground Floor Saipuri Colony, Near Sainikpuri Post Office, Secunderabad 2 Smt. Vani Madhuri Patnaik W/o. S. Vijay Kumar Patnaik R/o. Plot No.568, Defence Colony, Secunderabad 3 J. Joga Rao Patnaik S/o. D.A. Patnaik R/o. G-1, City Life apartments Sector XI/56, M.V.P. Colony Visakhapatnam-17. 4 Smt. E. Sonia Patnaik W/o. Sri MMK Patnaik R/o. Plot No. 95, Classic Orchads, Behind Meenakshi Temple, Benneragutta Road, Bangalore-76 5 A. Srinivasa Raju S/o. A. Subba Raju R/o. H. No.12-6, J.J. Nagar, Alwal, Secunderabad-10. 6 Ch. Kasi Raju S/o. Late Ch. Krishnam Raju R/o. 58/C, S.R. Nagar, Hyderabad. ..... PETITIONERS AND 1 The Joint Collector, Vizianagaram, Vizianagaram District. 2 The Revenue Divisional Officer, Vizianagaram, Vizianagaram District. 3 The Tahsildar, Bhogapuram, Vizianagaram District. 4 Raparthi Shanta Devi W/o. R. Narasimha Murthy Flat No.G-1, Nandini Residency Railway New Colony, Visakhapatnam 5 Dubbaka Suryanarayana S/o. Busayya R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 6 Palla Appa Rao S/o. Appala Swamy R/o. Palla Street, Near Ramalayam R/o. Bhogapuram village and Mandal, Vizianagaram District. 7 Sri Pasupuleti Suryanarayana S/o. Sri Chinnayya R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 8 Sri Palla Hari S/o. Sri Appala Swamy R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 9 Sri Pentamani Ramudu S/o. Sri Ramudu R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 10 Sri Pothala Rama Konda S/o. Sri Sanyasi R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 11 Sri Dubbaka Vaneshu S/o. Sri Sanyasi R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 12 Sri Pasupuleti Suryanarayana S/o. Sri Gurayya R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 13 Sri Pasupuleti Simhachalam S/o. Late Sri Appala Swamy R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 14 Sri Dubbaka Tatalu S/o. Sri Narasimhulu R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. 15 Sri Pasupuleti Rajanna S/o. Sri Venkappa R/o. Palla Street, Near Ramalayam Bhogapuram village and Mandal, Vizianagaram District. .....RESPONDENTS 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 issue an appropriate writ order or direction more particularly one in the nature of writ of Certiorari by calling for the records relating to and in connection with the proceedings issued by the 3rd Respondent in the form of Certificates under Form No. XIII (B) and From No. XIII (C) Dt. 22-1-2008 in favour of the Respondents 5 to 15 herein in purported exercise of the power Under Section 5-A of A.P. Rights in Land and Pattadar Pass Books Act 1971, (Act No. 26 of 1971) in respect of the land of an extent of Ac.0.90 cents in Sy.No. 415/1 to the 5th Respondent, an extent of Ac.1.98 cents in Sy.No. 415/1 and an extent of Ac 0.82 cents in Sy.No.327/2 to the 6th Respondent, an extent of Ac.0.19 cents in Sy.No.328/8 and an extent of Ac 0.28 cents in Sy.No. 327/2 to the 7th Respondent, an extent of Ac.0.94 cents in Sy.No. 415/1 to the 8th Respondent, an extent of Ac.0.96 cents in Sy.No. 415/1 to the 9th Respondent, an extent of Ac.0.70 cents in Sy.No. 415/1 to the 10th Respondent, an extent of Ac.1.00 cents in Sy.No. 415/1 to the 11th Respondent, an extent of Ac.1.38 cents in Sy.No. 415/1 and an extent of Ac 2.01 cents in Sy.No. 327/2 to the 12th Respondent an extent of Ac 1.30 cents in Sy.No. 328/8 to the 13th Respondent an extent of Ac 1.20 cents in Sy.No. 328/8 to the 14th Respondent, an extent of Ac 1.93 cents in Sy.No. 328/8 to the 15th Respondent, situated at Bhogapuram West Village, Bhogapuram Mandal, Vizianagaram District and quash the same as illegal, arbitrary and in violation of the Principles of natural justice. Counsel for the Petitioners: MR. E. MADAN MOHAN RAO Counsel for the Respondent Nos.1 to 3: G.P. FOR REVENUE Counsel for the Respondent No.4: MR. N. SIVA REDDY Counsel for the Respondent Nos.5 to 15: N.A. The Court made the following : ORDER: The petitioners challenge proceedings dt.22.1.2008 issued by third respondent in exercise of power under Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, in respect of lands in various survey numbers of Bhogapuram West Village, Bhogapuram Mandal, Vizianagaram District. Heard Sri E. Madan Mohan Rao, learned counsel for the petitioners, learned Government Pleader for Revenue for respondent Nos.1 to 3 and Sri N. Siva Reddy, learned Counsel for respondent No.4. Though respondent Nos.5 to 15 are served with notices, they have not chosen to enter appearance. The third respondent passed fairly a large number of orders on 22.1.2008 in respect of the lands in Bhogapuram Village. This Court dealt with some of the orders in Writ Petition Nos.14704 and 14705 of 2008 through order dt.2.3.2009. The Writ Petitions were allowed and impugned proceedings were set aside and the matter was remanded to third respondent for fresh consideration and disposal. Learned Counsel for the parties do not dispute that the same situation obtains in this case also. Hence, the Writ Petition is allowed and the impugned orders are set aside. The matter is remanded to third respondent for fresh consideration and disposal and he shall issue notice to the petitioners and other affected parties before any further orders are passed. There shall be no order as to costs. ______________________ (L. NARASIMHA REDDY, J) 24.4.2009