IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9969 of 2005 Between: Jadi Bheemaiah … Petitioner AND The District Collector, Adilabad District, Adilabad, & others. … Respondents Counsel for the petitioner : Sri T. Ramulu Counsel for the respondents: AGP for Revenue (Assignments) This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9969 of 2005 ORDER:- This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondents in allotting an extent of Ac.0.27 guntas in Sy.No.358/2/B of Garmilla Village, Mancherial Mandal, Adilabad District to the surrendered naxalites without cancelling the assignment made in favour of the petitioner or holding an enquiry in respect thereof, as illegal and unconstitutional. The petitioner claimed that he was granted assignment on two diﬀerent pieces of land, namely, Ac.1.07 guntas and Ac.0.27 guntas in Sy.No.358/2A and 358/2/B respectively of Garmilla Village, Mancherial Mandal, Adilabad District on 25.02.2003 by the Mandal Revenue Oﬃcer, Mancherial. The petitioner’s grievance is that without cancelling the patta in respect of Ac.0.27 guntas, the said property was assigned to certain third parties, who happened to be surrendered naxalites. The petitioner speciﬁcally pleaded that no notice was given to him before assigning the said land to the third parties. In the counter aﬃdavit ﬁled by the Mandal Revenue Oﬃcer Mancherial Mandal, it is averred that as per enjoyment survey conducted during the year 2002, the writ petitioner was found to be in possession of the Government land in Sy.No.58 to an extent of Ac.1.07 guntas and Ac.0.07 guntas, that proposals were submitted to the Revenue Divisional Oﬃcer, Mancherial on 2.11.2002 for issue of patta certiﬁcates in respect of the said land, that as proposed by the Mandal Revenue Oﬃcer, the Revenue Divisional Oﬃcer, Mancherial vide proceedings dated 16.12.2002 accorded sanction for allotment of an extent of Ac.8.03 cents in respect of 9 beneﬁciaries and that the petitioner is one such beneﬁciary in whose favour Ac.1.07 and Ac.0.07 guntas were assigned. It is alleged that the petitioner obtained pattadar passbook to an extent of Ac.0.27 guntas while managing the concerned village administrative oﬃcer as against Ac.0.07 guntas for which patta was granted and that in the patta certificate, the extent was over written by showing it as Ac.0.27 guntas in collusion with the part time Assistant of Garmilla village. It is further averred that since the petitioner was entitled to enjoy Ac.1.07 guntas and Ac.0.07 guntas in Sy.No.358, the remaining area was allotted to the third parties, who are surrendered extremists and also for construction of Ambedkar Bhavan etc. The facts narrated above show that there is a dispute as to the actual extent for which the petitioner was granted assignment. If the petitioner indulged in fabrication of the patta in collusion with the revenue oﬃcials, the least that is expected from the respondents is to put the petitioner to notice and pass an appropriate order holding that he was granted patta only in respect of Ac.0.07 guntas. Admittedly, the respondents have not followed this procedure, which is in tune with the principles of natural justice. Therefore, the writ petition is disposed of with a direction to respondent No.2 to conduct an enquiry into the issue whether the petitioner was granted patta in respect of Ac.0.07 guntas or Ac.0.27 guntas, pass a reasoned order and communicate the same to the petitioner. If it is found that the petitioner was granted assignment in respect of Ac.0.27 guntas, he shall restore the remaining extent of Ac.0.20 guntas or provide an alternative property to him in lieu of the said extent. Conversely, if he comes to the conclusion that the petitioner was originally granted assignment only for Ac.0.07 guntas, he shall pass an order to that effect. Respondent No.2 shall complete the above exercise within a period of eight weeks from the date of receipt of a copy of this order. As a sequel to disposal of the writ petition, WPMP.No.12947 of 2005 ﬁled by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 29.08.2008 ES