IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO.12552 of 2008 Between: 1 Palakurthi Gangajalam, S/o. Buchaiah, R/o. Ramakrishnapur, B-Zone, Mandal Mandamarri, Adilabad District. 2 Palakurhi Rajanna, S/o. Buchaiah, R/o. Ramakrishnapur, B-Zone, Mandal Mandamarri, Adilabad District. ...PETITIONERS AND 1 The Tahsildar, Mancherial, Adilabad District. 2 The Village Revenue Secretary, Naspur Village Mancherial Mandal, Adilabad 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 any appropriate writ order or direction more in the nature of Writ of Mandamus directing the Respondents herein not to petitioners including construction over the plot in Sy.No.102/1 extent 484 sq.yards situated at Naspur village, Code.No.82, Mancherial Mandal, Adilabad District without following any due procedure under law by duly declaring the action of the respondents and also directing them not to make any construction over the above said plot as illegal, arbitrary, without jurisdiction and violative of Articles 14 of the Constitution of India. Counsel for the Petitioners: MR.V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed seeking a Writ of Mandamus to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners including construction over the plot in Survey No.102/1 to an extent of 484 square yards situated at Naspur Village, Code No.82, Mancherial Mandal, Adilabad District without following due procedure under law. After verifying the ownership, possession and title deeds of the vendor-Sri Kunde Gopal Kishan @ Gopal Krishna, S/o.Kishan, the petitioners are said to have purchased the above mentioned property through a registered sale deed bearing document No.5568 of 2004 dated 28.06.2004 for a consideration of Rs.53,300/-. Since then, the petitioners are in peaceful possession and enjoyment of the same. Thereafter, they approached the then Mandal Revenue Officer (MRO), Mancherial and filed application dated 17.07.2004 for mutation of the property in their names in the revenue records. After issuing notification on 18.07.2004 and due verification of the records, the MRO issued proceedings No.ROR/160/Naspur/04 dated 14.10.2004, holding that the sale transaction between the petitioners and their vendor is genuine and perfect in law and ordered to effect the same in the revenue records invoking Rule 5-A and 9 (1) (i) (ii) (iii) of the A.P. Record of Rights Act, 1989. Thereafter, the petitioners approached the Gram Panchayat, Naspur and made an application for grant of permission to construct a building over the said plot on 10.04.2008. After causing necessary enquiry and collecting building fee, the Gram Panchayat granted permission vide proceedings dated 26.04.2008. When the petitioners were raising pillars, the second respondent visited his plot on 13.06.2008 and prohibited them from making any construction without any authority under law. Hence, they filed the present Writ Petition. Today, on instructions, learned Government Pleader for Revenue states that the 1st respondent – Tahsildar is taking steps to cancel the assignment after following due process of law by serving a notice under the A.P.Assigned Lands Prohibition of Transfers Act (for short ‘the Act’) and is also trying to serve notice on the petitioners and as on today, the patta is not cancelled. In view of the above statement made by the learned Government Pleader, the respondents are directed not to dispossess the petitioners from the subject matter of property until and unless, they pass an order of cancellation of patta and follow due process of law. With the above direction, the writ petition is disposed of. ______________ (N.V.RAMANA, J) 19th June 2008 Note: CC by one week B/O RRB …… REGISTRAR //TRUE COPY// SECTION OFFICER TO 1 The Tahsildar Mancherial Adilabad District 2 The Village Revenue Secretary Naspur(V) Mancherial (M) Adilabad District. 3 2 CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd (OUT) 4 2 CD copies.