IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16360 of 2008 Between: 1 Dongiri Eshwari W/o.Komaraiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 2 Ajmeera Saramma W/o.Bhadru Naik R/o.Kothapally Village, Kataram Mandal, Karimnagar District. 3 Budhe Sujatha W/o.Ramesh R/o.Garapally Village, Kataram Mandal, Karimnagar District. 4 Katarapu Vajramma W/o.Sammaiah R/o.Pothulbai Village, Kataram Mandal, Karimnagar District. 5 Challa Joshna D/o.Narayan Reddy R/o.Garapally Village, Kataram Mandal, Karimnagar District. 6 Pulluri Srinivas Rao S/o.Rajeshwar Rao R/o.Garapally Village, Kataram Mandal, Karimnagar District. 7 Challa Narayan Reddy S/o.Malla Reddy R/o.Garapally Village, Kataram Mandal, Karimnagar District. 8 Durgam Rajesh S/o.Venkaiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 9 Kankanala Thirupathi Reddy @ Thirupathi S/o.Mallaiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 10 Burra Ramesh Babu S/o.Mallaiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 11 Sama Balachander S/o.Chinna Veeraiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 12 Palanti Praveen S/o.Mallaiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 13 Jangaiah Sammaiah S/o.Lachaiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 14 Sirigi Mallaiah S/o.Yellaiah R/o.Garapally Village, Kataram Mandal, Karimnagar District. 15 Mirza Aijaz Ali Baig S/o.Riyasath Ali Baig R/o.Manthani Mandal and Village, Karimnagar District. ..... PETITIONERS AND 1 The District Collector, Karimnagar, Karimnagar District. 2 The Revenue Divisional Officer, Manthani Revenue Division, Karimnagar District. 3 The Tahsildar (Mandal Revenue Officer) Kataram Mandal, Karimnagar District. 4 Thota Janardhan S/o.Papaiah R/o. Garapally Village, Kataram Mandal, Karimnagar 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 a writ of Mandamus or any other appropriate writ declaring the Proceedings No.B/2494/2007 dt. 18.07.2007 issued by respondent No.3 and also declare the action of the respondents in not considering the explanation/representation dt. 22.08.2007 and 24.07.2008 as illegal, arbitrary and unconstitutional, without authority of law and direct the respondent No.1 to consider our representation by taking into consideration the report dt. 23.4.2003 submitted by Respondent No.3 and pass any other appropriate order or orders. Counsel for the Petitioners: MR.A.RAJASEKHAR REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following : ORDER: The petitioners herein claim to be the owners and possessors of small extents of land in Sy.No.128 of Garapally Village, Kataram Mandal, Karimnagar District having purchased the same from the 4th respondent under registered sale deeds. While so, a notice was issued to them by the 3rd respondent – Mandal Revenue Officer on 18.7.2007 under Rule 3 of the A.P.Assigned Lands (Prohibition of Transfer) Rules, 2007 to the effect that they are in possession of the said lands contrary to the Rules and accordingly their explanations were sought for. It is stated that the petitioners have submitted their explanations to the said show cause notice on 22.8.2007. It is also stated that the Mandal Revenue Officer on 23.4.2003 has sent a report to the Collector stating that the land in Sy.No.128 is wrongly recorded as ceiling surplus land and that, in fact, it is a private land belonging to Thota Buchaiah and now his legal heirs are enjoying the said property. The case of the petitioners is that they purchased the lands from the said legal heirs and in spite of submitting their explanations way back on 22.8.2007, no orders are passed so far and on the other hand, the respondents are trying to evict them from the said lands. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. Since the petitioners have already submitted their explanations to the show cause notice, it is submitted by the learned counsel for the petitioners as well as the learned Government Pleader that the writ petition may be disposed of with appropriate directions to the respondents. Accordingly, the 3rd respondent – Mandal Revenue Officer is directed to consider the explanations submitted by the petitioners and pass appropriate orders on the same and communicate to the petitioners. Till then, the respondents are directed not to dispossess the petitioners from the subject matter of lands. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.29.7.2008 NOTE: Operative portion by wire at parties cost. (B/o) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Karimnagar, Karimnagar District. 2 The Revenue Divisional Officer, Manthani Revenue Division, Karimnagar District. 3 The Tahsildar (Mandal Revenue Officer) Kataram Mandal, Karimnagar District. 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 5 2CD copies