IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 9321 of 2001 Between: 1 Manne Ramanamma, W/o. Penchlaiah, R/o. Kovur, Nellore District. 2 Bommisetty Nagendra Rao, S/o. Narayana, R/o. Kovur, Nellore District. 3 Guduru Venkata Ratnamma, W/o. Subbarayudu, R/o. Buchireddipalem Village and Mandal, Nellore District. 4 Kuche Palleswara Rao, S/o. Venkaiah, R/o. Buchireddipalem Village and Mandal, Nellore District. 5 Akasapu Chalapathi Rao, S/o. Venkaiah, R/o. Buchireddipalem Village and Mandal, Nellore District. 6 Kagitha Ananda Rao, S/o. Sundara Rao, R/o. Buchireddipalem Village and Mandal, Nellore District. 7 Kagitha Bhushanam, S/o. Sundara Rao, R/o. Buchireddipalem Village and Mandal, Nellore District. 8 Chalamcherla Penchalaiah, S/o. Ramaiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 9 Potluru Venkaiah, S/o. Seshaiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 10 Potluru Venkamma, W/o. Sanjeevaiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 11 Chalamcherla Subbaiah, S/o. Seshaiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 12 Kolla Hazarathamma, W/o. Kondaswamy, R/o. Buchireddipalem Village and Mandal, Nellore District. 13 Potluru Polaiah, S/o Bodeiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 14 Chalamcherla Polamma, W/o. Seshaiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 15 Darla Pichaiah, S/o. Seshaiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 16 Gurram Pedamalakondaiah, S/o. Polaiah, R/o. Marripadu Village, Sangam Mandal, Nellore District. 17 Nuthakki Chenchulakshamma, W/o. Subrahmanyam Chari, R/o. Buchireddipalem Village and Mandal, Nellore District. 18 Bellamkonda Veeraiah, S/o. Rajaiah, R/o. Mopuru Village, Nellore District. 19 Kudida Narasamma, W/o. Penchalaiah, R/o. Marateeni Village, Nellore District. 20 Pulipaka Devadanam, S/o. Daniel, R/o. Marripadu Village, Sangam Mandal, Nellore District. 21 Gadde Venkaiah, S/o. Masthanvali, R/o. Marripadu Village, Sangam Mandal, Nellore District. 22 Yeluru Seenaiah S/o. Kalagaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 23 Potluri Chenchaiah S/o. Gangaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 24 Garikapati Latchaiah S/o. Venkaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 25 Kavali Masthanaiah S/o. Venkata Subbaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 26 Garikapati Lakshmamma W/o. Nagaraju R/o. Marripadu Village, Sangam Mandal, Nellore District. 27 Kongala Sankaraiah S/o. Ramanaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 28 Ganta Naraiah S/o. Veeraragaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 29 Gorripati Venkata Subba Rao S/o. Subbaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 30 Bodedhula Chinnaiah S/o. Guravaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 31 Garikapati Venkateswarlu S/o. China Venkaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 32 Garikapati Lakshmamma W/o. Masthanaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 33 Jalaladanthi Sayamma W/o. Ramaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 34 Garikapati Venkata Krishnaiah S/o. Pedavenkaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 35 Gadi Lakshmaiah S/o. Narasaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 36 Yeluru Chendraiah S/o. Chenchaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 37 Yeluru Subbaiah S/o. Chenchaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 38 Chalamcherla Polaiah S/o. Pedalakshmaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 39 Chalamcherla Chinachenchaiah S/o. China Subbaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 40 Chalamcherla Subbarayudu S/o. Ramaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 41 Thirumalasetty Pullaiah S/o. Polaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 42 Chalamcherla Subbaiah S/o. Chenchaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 43 Potluru Subbaiah S/o. Narasaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 44 Chalamcherla Venkaiah S/o. Seshaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 45 Chalamcherla Lakshmaiah S/o. Subbaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 46 Chalamcherla Lakshmaiah S/o. Subbaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 47 Chalamacherla Venkateswarlu S/o. Chinnaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 48 Chalamcherla Venkataramaiah S/o. Chinnaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 49 Yeluru Venkaiah S/o. Chenchaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 50 Potluri Venkaiah S/o. Kondaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 51 Potluri Narasaiah S/o. Kondaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 52 Kalluri Venkateswarlu S/o. Venkaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 53 Chalamcherla Ravi S/o. Pedalakshmaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 54 Chalamcherla Lakshmaiah S/o. Lakshmaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 55 Chalamcherla Lakshmaiah S/o. Pedalakshmaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 56 Gadi Subbaiah S/o. Narasaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 57 Potluru Chanchuramaiah S/o. Peda Chenchaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 58 Chalamcherla Subbaiah S/o. Narasaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 59 Ega Seshaiah S/o. Papaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 60 Potluri Gangaiah S/o. Chinnaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 61 Potluri China Chenchaiah S/o. Gangaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 62 Yeluru Chenchaiah S/o. Ramaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 63 Garikapati Chenchamma W/o. Krishnaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 64 Gangapatnam Eswaramma W/o. Ragaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 65 Nalagatla Seenaiah S/o. Venkaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 66 Gandavarapu Sreeramulu S/o. Subbaramaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 67 Gandavarapu Ragamma S/o. Narasaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 68 Gandavarapu Rosaiah S/o. Narasaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 69 Jaladanki Atchamma W/o. Ramaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 70 Kaguturu Hazarathamma W/o. Subbaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 71 Myleri Sundaraiah S/o. Anku Raju R/o. Marripadu Village, Sangam Mandal, Nellore District. 72 Myleri Devadasu S/o. Ankuraju R/o. Marripadu Village, Sangam Mandal, Nellore District. 73 Talapala Polaiah S/o. Sanjeevaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 74 Chalamcherla Lakshmaiah S/o. Seshaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 75 Talapala Bujjamma W/o. Chenchaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. 76 Rokkarokkala Obaiah S/o. Ramaiah R/o. Marripadu Village, Sangam Mandal, Nellore District. ..... PETITIONER(S) AND 1 The District Collector, Nellore District, Nellore. 2 The Revenue Divisional Officer, Kavali, Nellore District. 3 The Mandal Revenue Officer, Sangam Mandal, Nellore District. .....RESPONDENT(S) 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 appropriate Writ declaring the notice issued by the 3rd respondent herein dated 16-4-2001 in Rc.No.B/156/2000, as illegal, arbitrary, unjust and without jurisdiction, by issuing appropriate Writ, order or direction. Counsel for the Petitioner:MR.M.V.S.SURESH KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : O R D E R: The writ petition is filed by the petitioners, challenging the public notice issued by the Mandal Revenue Officer, Sangam, the respondent No.3 herein, bearing RCB.No.156/2000 dated 16.4.2001 which reads as follows: “It is hereby informed to the entire public that as per the orders of the District Collector, Nellore District, DC Lands, Ceiling and Assignment lands situated in Marripadu village, shall be distributed to landless poor persons on 09.05.2001. Criminal action shall be initiated against any persons entering the lands” The allegation in the writ petition is that all these petitioners 1 to 19 were granted pattas and the other petitioners are ex-assignees of various extents of the disputed land. The petitioners contend that they have been in possession of the respective lands over several years at least from 1973 onwards and that they have developed the land and cultivating the same since then and in view of the impugned general notification they are likely to be dispossessed. The respondents filed counter-affidavit stating that about 115 beneficiaries were granted B- form pattas and gave out their details. However, it is alleged in the counter that the petitioners 1 to 19 have violated the conditions of assignment, and a show cause notice was issued to them, and, as no reply was received from them, resumption proceedings are initiated. So far as petitioners 20 to 76 are concerned, the counter-affidavit confirm that they were granted ‘Eksal Lease’ and it is alleged that after expiry of the time, the lease automatically stand cancelled. The issuance of the general notification which is impugned herein however is not disputed by the respondents. When this writ petition has came up on earlier application, this Court passed an order on 15.4.2002 as follows: “The petitioners challenge the action of the respondents in issuing the memo dated 16.4.2001 restraining the petitioners who are the assignees of various extents of land, from entering into the said lands. In the counter affidavit filed by the respondents, it is stated that the assignments in favour of the petitioners were cancelled through proceedings dated 15.2.2000. If the assignment in favour of the petitioners is cancelled, the respondents are under obligation to serve copies of the orders of cancellation on the petitioners. The reason is, the petitioners have to take appropriate steps to challenge the said cancellation. The learned counsel for the petitioners submits that the order of cancellation has not been served on the petitioners. Under the circumstances, there shall be a direction to the respondents to serve copy of the orders of cancellation of assignment in favour of the petitioners within a period of two weeks from the date of receipt of this order” The learned counsel for petitioners reiterates that none of the petitioners have received a proceeding, canceling the assignment made in their favour which is as was alleged by th respondents and that they are continuing in possession and cultivating the land without a obstruction. It is also brought to my notice that the very same public notification which is impugne herein was questioned by other respondents/assignees of the same village in W.P.No.10531 of 200 and this Court by order, dated 18.7.2005 set aside the same. In view of the same, the writ petition is accordingly disposed of in terms of the order in W.P.No.10531 of 2001. No order as to costs. ____________________ VILAS V.AFZULPURKAR,J 3rd December, 2008 PNV