THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 3989 OF 2003 Dated: 01.10.2010 Between: Bommu Ankamma and another ..... PETITIONERS AND The Mandal Revenue Officer, Nellore District and others .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 3989 OF 2003 ORDER : The petitioners herein claim to be the residents of Vutukuru village, Nellore District. As they are landless poor, the 1st respondent-Mandal Revenue Officer granted ‘D’ form Pattas to the petitioners in respect of small extents of land situated in survey No.579/2 and survey No.578/ of Vutukuru village and the petitioners were put in possession. It is stated that having made the land fit for cultivation, the petitioners are continuing in possession and enjoyment of the said lands. While so, on the basis of a complaint received from the villagers of Vutukuru village alleging that the Government lands in Vutukuru village were assigned to the outsiders, the 1st respondent issued notices dated 24.07.2002 directing the petitioners not to enter into their respective lands and not to carryout any agricultural operations. Aggrieved by the same, the present writ petition is filed. This Court, while issuing rule nisi, by order dated 06.03.2003 granted interim suspension of the impugned notice. Despite notice, none appeared for the respondents and no counter affidavit has been filed. It is clear from the material available on record that the petitioners were assigned the land in question in accordance with the provisions of the Andhra Pradesh Board Standing Orders. The only ground upon which the impugned prohibitory order was issued appears to be that certain complaints were received from the villagers of the Vutukuru stating that the assignments were made to those persons, who were not residents of the village. Even assuming that such complaints were received, it is for the concerned authority to make the necessary enquiry and pass appropriate orders in accordance with law after giving an opportunity to the assignees to make their representation. There is no provision in the Andhra Pradesh Board Standing Orders, which empowers the Mandal Revenue Officer to pass any prohibitory order directing the assignees not to enter into the land and not to carryout the agricultural operations during the subsistence of the pattas. At any rate, such an order cannot be passed without giving an opportunity to the assignees to make their representation. Viewed from any angle, the impugned notices are arbitrary, illegal and in violation of the principles of natural justice. Accordingly, the same are hereby set aside and the Writ Petition is allowed. No costs. ___________ Date: 01.10.2010 G. ROHINI, J Ivd