THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.5403 of 2008 ORDER: This Writ Petition is filed with the prayer, which reads as under: “For the reasons stated in the above accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus under article 226 of the Constitution of India declaring the resumption orders passed by the 2nd respondent in his proceedings No.Rc.D.1444/2007, dated 18-01-2008 without notice to the petitioners and without providing any opportunity and the further action of the respondents in seeking to dispossess the petitioners from 0.90 cents of land each in Sy.Nos.44/2, 40/2, 41/1, 40/6, 40/7, 40/8, 40/9, 41/10, 44/5, 44/6, and 39/4 respectively of Akkacheruvupadu Village, Nellore Rural Mandal, Nellore District assigned to them in the guise of the impugned orders passed by the 1st respondent herein as illegal arbitrary without jurisdiction, violative of the Principles of Natural justice and also offends Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and set aside the resumption orders and direct the respondents not to interfere with the possession and enjoyment of the petitioners.” Petitioners are the assignees of agricultural land admeasuring 90 cents each in Survey Nos.44/2, 40/2, 41/1, 40/6, 40/7, 40/8, 40/9, 41/10, 44/5, 44/6 and 39/4 respectively situated at Akkacheruvupadu Village, Nellore Rural Mandal of Nellore District. It is stated that they were surplus lands under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and that as the petitioners are landless poor persons, they were assigned such lands by issuing pattas. It is also stated that they have developed the above said lands for the purpose of agriculture and are raising paddy crops. In the Writ Petition, they have questioned orders, dated 18.01.2008 passed by the second respondent – Revenue Divisional Officer, Nellore and Chairman of Cooperative Joint Farming Cooperative Society, Akkacheruvupadu Village, in Rc.D.1444-A16/2007. By the aforesaid orders, the second respondent on the ground that the lands assigned to the petitioners are required for the purpose of housing under Phase-II of Indiramma Housing Programme, ordered for resumption of such lands by declaring that the petitioners are entitled to be paid ex gratia. Though different orders are passed in the same proceedings, they are similar and identical. In the impugned orders, there is no reference to issuing of any notice to the petitioners before passing such orders. It is the case of the petitioners that once the lands are assigned and are developed by them, it is not open for the respondents to resume the lands without giving prior notice and opportunity of hearing. It is also their case that in Circular, dated 13.02.2007 issued by the first respondent - District Collector, Nellore, in Rc.No.G3/778/2007, it is mentioned that no steps shall be taken for eviction of sivaijamadars, who are in possession of agricultural lands. It is stated that in view of the said Circular, the petitioners, who were given pattas in respect of the lands in question for agricultural purpose, cannot be dispossessed by virtue of the resumption orders. A detailed counter-affidavit is filed by the respondents. In the said counter-affidavit, it is stated that a large number of beneficiaries were identified in 17 divisions in Nellore Municipal Corporation for providing house-sites and for the said purpose, about 200 acres of land is required. It is further stated that as no Government land is available in the revenue Villages of Nellore municipal limits, the impugned orders are passed for resuming the lands, which were assigned to the petitioners. It is also stated that as much as there are conditions in the grant itself, the respondents are entitled to resume the land, as the same is needed for Government purpose. Though it is the specific case of the petitioners that they were not given any notice and opportunity of hearing before passing the impugned orders, the same is not denied in the counter-affidavit filed by the respondents. Even the learned Assistant Government Pleader for Revenue appearing for the respondents, on specific instructions, states that the impugned orders are not preceded by any show cause notice. It is to be noticed that the lands in question were surplus and were surrendered under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and it is distributed by issuing pattas to the petitioners. It is the case of the petitioners that they have developed the lands in question and are using it for agricultural purpose, as such, the respondents cannot resume the same without notifying the reasons therefor. It is also to be noticed that the Circular instructions also support the case of the petitioners. The Circular protected the sivaijamadars, who are in occupation of land by paying land revenue without even possessing patta certificate. The petitioners stand in a better footing as they are holding pattas to the extent of land they are in possession, as such, they cannot be dispossessed arbitrarily and illegally by the respondents. For the aforesaid reasons, as the impugned orders of resumption are not preceded by any show cause notice, this Court is of the view that the second respondent passed the impugned orders in gross violation of the principles of natural justice. Accordingly, the Writ Petition is allowed and the impugned orders passed by the second respondent for resumption of the lands, which were assigned to the petitioners, are hereby quashed. No order as to costs. _______________________ R.SUBHASH REDDY, J 19th AUGUST, 2011. kvni