IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITIONS NO:3119, 19360 & 20328 OF 2005 DATED:16.12.2010 Between: Rajesh Nathani .....PETITIONER AND The Mandal Revenue Officer, Srikalahasthi Mandal, Chittoor District and others. . .....RESPONDENTS This Court made the following : THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITIONS NO:3119, 19360 & 20328 OF 2005 ORDER: It appears, originally land in Sy.No.136/1 and 136/4 admeasuring Ac.4.92 cents of Challapalem village, Srikalahasthi Mandal, Chittoor District, was assigned in favour of one Yerru Rama Murthy, a freedom fighter, on 21.8.1989. The said Rama Murty sold away Ac.2.92 cents out of Ac.4.92 cents to one G. Bhaskar Reddy under registered sale deed dated 23.9.1989. Thereafter, the said Bhaskar Reddy sold the said Ac.2.92 cents to one D. Subrahmanyam Reddy under registered sale deed dated 6.10.1995. The said Subrahmanyam Reddy sold away the said land to Yellampalli Ravindra Reddy under registered sale deed dated 23.1.2003. The said Yellampalli Ravindra Reddy was issued pattadar pass book and title deed on 6.6.2003. From him, the petitioner purchased the said land under registered sale deed dated 7.5.2004 and since then, the petitioner has been in possession and enjoyment of the same. While that being so, according to the petitioner, the respondents interfered with his peaceful possession and enjoyment of the land in question. Hence, the petitioner filed WP No.3119 of 2005. While admitting the said WP, this Court on 22.2.2005, issued a direction to the respondents not to interfere with the peaceful possession and enjoyment of the petitioner and his men over the land in question. While this being the situation, the petitioner filed an application before the Mandal Revenue Officer seeking mutation of his name in the revenue records. But the same was not carried out and hence, the petitioner was constrained to file WP No.19360 of 2005. During the course of hearing of WP No.19360 of 2005, the respondents have shown the orders dated 22.5.2004, whereunder the assignment in favour of original assignee-Yerru Rama Murthy was cancelled. Aggrieved by the said order dated 22.5.2004, the petitioner filed another WP No.20328 of 2005. Since the issue involved in all these writ petitions is one and the same, they are being disposed of by this common order. Heard the learned Counsel for the petitioner as well as the learned Government Pleader for revenue. Perused the material available on record. There is no necessity of going into all the details. This is a case where the land has passed four hands. The fact that the land of an extent of Ac.4.92 cents was assigned in favour of a freedom fighter is not in dispute. In fact, there was no embargo for sale of this land by the freedom fighter. However, an extent of Ac.2.92 cents of land was sold by the freedom fighter and the petitioner is the 4th purchaser as stated above. The order, dated 22.5.2004 does not indicate that any notice had been issued either to the petitioner or to the original assignee. It is stated that the original assignee (freedom fighter) was not available in the village. The order dated 22.5.2004 itself would indicate that neither the petitioner nor his previous vendor was served with any notice though their names reflected in the revenue records. Under those circumstances, the cancellation of assignment of land in favour of the original assignee on 22.5.2004 cannot be said to be legal or valid. The said order is made in gross violation of principles of natural justice and on this ground alone, the writ petition No.20328 of 2005 deserves to be allowed Accordingly, WP No.20328 of 2005 is allowed and consequently, the other two writ petitions are allowed. The respondents are directed to consider mutation of the name of the petitioner in the revenue records as per law. The respondents are further directed not to interfere with the peaceful possession and enjoyment of the petitioner’s land. No order as to costs. ______________________ Justice C.V. Ramulu Dated:16.12.2010 Nn. THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITIONS NO:3119, 19360 & 20328 OF 2005 16.12.2010