IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.26297 of 2008 Between: B.Chandrasekhar Reddy Nagar Residents Welfare Association, having Regd. No.1360/2008 Rep. by its General Secretary Mr.D.Chandrasekhar S/o. Achanna Aged 38 years, R/o. H.No. 2-31/8, Tara Nagar, Lingampally, R.R. District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The Tahsildar, Qutubullapur Mandal, Ranga Reddy District. 3 The Revenue Divisional Officer, R.R. (East), Goshamahal, Hyderabad. 4 The District Collector, R.R. District, Khairatabad, Hyderabad. .....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 Mandamus, declaring the action of the Respondents is illegal, arbitrary, discriminatory, null and void and against the principles of natural justice and violative of the Fundamental Rights guaranteed under Article 14, 16, 19, 21 & 300-A of Constitution of India and consequently direct the respondents herein not to evict or demolish the houses of Petitioners Association members from their houses constructed in their plot Nos. 94, 11, 12, 88, 73, 129, 23, 21, 25, 128, 24, 103, 22, 02, 127, 127, 120, 118, 126, 108, 74A, 122 & 130, 95, 125, 19, 26, 01 & 02, 90, 03, 33, 27, 37, 119, 101, 43, 76, 96, 91, 89, 74B, 18, 04, 66, 45, 22, 121, 81, 32, 09, 65 & 03 respectively, situated in B.Chandrasekhar Reddy Nagar, comprised in Sy.No.120 & 120/01, 120/7, 120/6, 120/16, 120/26, 120/34, 120/35 & 120/36 of Dommara Pochampally Village, Qutubullapur Mandal, Ranga Reddy District in the interest of justice and equity. Lest the Petitioner Association members would be put to irreparable loss and injury. Counsel for the Petitioners: MR.SYED LATEEF Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26297 of 2008 ORDER: Petitioners 2 to 51 are allegedly residents of B.Chandrasekhar Reddy Nagar. It is their case that all of them belong to weaker sections (SCs, STs, BCs and Minorities). They purchased small extents of lands admeasuring from 100 to 300 Sq.yards either from B.Yadi Reddy or B.Malla Reddy under registered sale deeds. They allegedly constructed semi permanent houses, obtained electricity connections and residing therein duly paying necessary taxes to utilities. They allege that when Government issued orders in G.O.Ms.No.166, dated 16.2.2008, for regularization of occupation of Government land for the purpose of house construction, having come to know that their vendors are assignees of Government lands and petitioners made representation to third respondent on 26.11.2008 seeking regularization, in vain. They therefore filed instant writ petition seeking direction to respondents to consider their application. When the matter was called on 08.12.2008, learned Assistant Government Pleader for Revenue (Assignment) brought to the notice of this Court that as original assignees contravened conditions of assignment, after issuing notice, Tahsildar, Qutubullapur Taluq, cancelled assignment on 23.6.2007. Therefore petitioners filed W.P.M.P.No.35627 of 2008 seeking suspension of the same. This Court heard learned Counsel for petitioners and learned Assistant Government Pleader. As the similar matter being W.P.No.1887 of 2008 has already been disposed of by this Court, there is no dispute or denial that though notice was issued in Form-I as required under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, notice in Form-II to alienees/transferees was not issued. In view of the same, order dated 23.2.2007 cancelling assignment cannot have any effect on petitioners’ occupation, if they are in possession of the land. The order dated 23.2.2007 passed by second respondent is therefore set aside insofar as petitioners 2 to 51 are concerned. It shall however be open to second respondent to issue notice to petitioners by sending the same to learned Counsel for petitioners in this case and obtain explanation if any, and pass appropriate orders under Section 4 of the Act. Till such exercise is completed, if petitioners are in possession of the land, there shall be status quo as to possession as on today. The writ petition is accordingly disposed of. No costs. ______________ (V.V.S.RAO,J) December 15, 2008. YS To 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The Tahsildar, Qutubullapur Mandal, Ranga Reddy District. 3 The Revenue Divisional Officer, R.R. (East), Goshamahal, Hyderabad. 4 The District Collector, R.R. District, Khairatabad, Hyderabad. 5 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) 6 Two CD copies.