IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.20 of 2003 Between: 1 Rajam (Kalal) Lakhmaiah, S/o. Late Antaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 2 Rajam (Kala) Dhanaiah, S/o. Late Antaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 3 Gulam Moinuddin Khan, S/o. Late Osman Khan, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 4 Gulam Jabbar Khan,(died) per LRs S/o. Osman Khan, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 5 Asangari Kristaiah, S/o. Late Balaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 6 Asangari Veeraiah, S/o. Late Balaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 7 Asangari Ramaiah, S/o. Late Balaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 8 Asangari Chittari, S/o. Late Ramaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 9 Asangari Pochaiah, S/o. Late Ramaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 10 Asangari Anjaiah, S/o. Late Ramaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 11 Nadiminti Sathaiah, S/o. Late Lakshmaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 12 Nadiminti Somaiah, S/o. Late Lakshmaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 13 Nadiminti Agamaiah, S/o. Late Lakshmaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 14 Seri Papireddy, S/o. Late Linga Reddy, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 15 Seri Amrutha Reddy, S/o. Late Linga Reddy, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 16 Gudisetti Shankaraiah, S/o. Late Sreesailam, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 17 Mohd.Allauddin, S/o. Nizamuddin, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 18 Mohd.Imamuddin, S/o. Nizamuddin, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 19 C.Yadaiah, S/o. Late Durgaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 20 C.Bagaiah, S/o. Late Ramaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 21 C.Mallaiah, W/o. Late Pochaiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 22 C.Shanthamma, W/o. Late Shankaraiah, R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 23 Mohd. Ayub Khan S/o. late Gulam Jabbar Khan R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 24 Mohd. Ajaz Khan S/o. late Gulam Jabbar Khan R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 25 Mohd. Usman Khan S/o. late Gulam Jabbar Khan R/o. Venimala Village, Ramachandrapuram Mandal, Medak District. 26 Mohd. Manjoor Ahmed Khan S/o. late Gulam Jabbar Khan R/o. Venimala Village, Ramachandrapuram Mandal,Medak District. (Petitioners 23 to 26 were brought on record as LRs of deceased 4th Petitioner as per Court Order dt. 29-6-2005 in WPMP 18763/04) ..... PETITIONERS AND 1 The District Collector, Sanga Reddy, Medak District. 2 The Revenue Divisional Officer, Sanga Reddy, Medak District. 3 The Mandal Revenue Officer, Ramachandrapuram Mandal, Medak 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 may be pleased to issue an appropriate writ, order or direction in the nature of Mandamus declaring the inaction on the part of the respondents in not re-assigning the lands in an extent of Ac.5.09 cents, Ac.0.09 cents, Ac.0.06 cents, Ac.0.16 cents, Ac.0.13 cents, Ac.0.09 cent, Ac.0.08 cents, Ac.0.10 cents, Ac.0.16 cents and Ac.4.00 cents, Ac.2.04 cents and Ac.7.20 cents; Ac.6.23 cents, Ac.1.10 cents; Ac.1.24 cents; Ac.0.21 cents, Ac.1.22 cents; AC.1.15 cents and Ac.1.13 cents in Sy.Nos.421/A, 422/A, 423/A, 424/A, 425/A, 426/A, 427/A, 430/A, 431/A and 432/A; Sy.Nos.338/AA and 352; Sy.No.523; in Sy.No.131/AA; in Sy.No.161; in Sy.Nos.268, 269/A; Sy.No.396 and in Sy.No.14 respectfully, situated at Velimala Village, Ramachndrapuram Mandal, Medak District as arbitrary, illegal, discriminatory and violative of the Fundamental and Constitutional Rights guaranteed to the petitioners under Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to reassign the above lands in favour of the petitioners. Counsel for the Petitioners: MR.S.SRINIVAS REDDY Counsel for the respondents: This Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.20 of 2003 ORDER: This writ petition is filed seeking a Mandamus declaring the inaction on the part of the respondents in re-assigning the lands in an extent of Ac.5.09 cents, Ac.0.09 cents, Ac.0.06 cents, Ac.0.16 cents, Ac.0.13 cents, Ac.0.09 cents, Ac.0.08 cents, Ac.0.10 cents, Ac.0.16 cents and Ac.4.00 cents in Sy.Nos.421/A, 422/A, 423/A, 424/A, 425/A, 426/A, 427/A, 430/A, 431/A and 432/A; and Ac.2.04 cents and Ac.7.20 cents in Sy.Nos.338/AA and 352; and Ac.6.23 cents in Sy.No.523; and Ac.1.10 cents in Sy.No.131/AA; and Ac.1.24 cents in Sy.No.161; and Ac.0.21 cents and Ac.1.22 cents in Sy.No.268 and 269/A; and Ac.1.15 cents in Sy.No.396; and Ac.1.13 cents in Sy.No.14, situated at Velimala Village, Ramachandrapuram Mandal of Medak District, as arbitrary and illegal, and consequently direct the respondents to re-assign the said lands in favour of the petitioners. According to the petitioners, their forefathers were the absolute owners of the aforesaid lands. It is their case that their fathers and grandfathers have obtained Taccavi loans from the Government and, thereafter, discharged part of the debts. While so, the then Tahasildar assumed the possession of the subject lands as per the provisions of the Board Standing Order 45, on the ground that the total loan amounts were not repaid within the time prescribed, and thereafter issued notices to the fathers and grandfathers of the petitioners, directing them to pay the balance loan amounts together with interest within one year and get the lands re-assigned in their favour. After receipt of such notices, the fathers and grandfathers of the petitioners have discharged the entire loan amounts as directed by the Tahsildar. The grievance of the petitioners is that, in spite of repayment of the entire loan amounts and submitting several representations to the respondent authorities furnishing the details such as date of payment and challan numbers through which the amounts were deposited into Treasury and seeking re-assignment of the subject lands, the respondent authorities have not re-assigned the subject lands in favour of their fathers and grandfathers or in their favour. Hence, this writ petition. In spite of service of notice and in spite of the pendency of the writ petition for a long time, no counter is filed by the respondents. In the facts and circumstances of the case, the respondents are directed to consider the representations purported to have been submitted by the petitioners to the 1st respondent, copies of which have been filed as material papers in this writ petition, and pass appropriate orders as per law within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioners. Till such time, the interim order passed by this Court on 24.01.2003 in W.P.M.P.No.31 of 2003, directing the respondents not to dispossess the petitioners from the subject lands, shall continue. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 4th June, 2009. IBL