IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20908 of 2007 Between: 1 Dronam Subba Rao, S/o. Nagulu, Chollangi Village, Tallarevu Mandal, East Godavari District. 2 Boddu Kamaraju, S/o. Mallayya, Chollangi Village, Tallarevu Mandal, East Godavari District. 3 Murre Josha Mambha, D/o. Ayyarap Chandra Rao, Chollangi Village, Tallarevu Mandal, East Godavari District. 4 Vendru Surya Rao, S/o. Venkanna, Chollangi Village, Tallarevu Mandal, East Godavari District. 5 Nuthalapati Appayamma, D/o. Musali Venkanna, Chollangi Village, Tallarevu Mandal, East Godavari District. 6 Vallu Narellumma, W/o. Narasimhulu, Chollangi Village, Tallarevu Mandal, East Godavari District. 7 Penkay Bhairavaswamy, S/o. Appanna, Chollangi Village, Tallarevu Mandal, East Godavari District. 8 Gandi Venkateswara Rao, S/o. Late Gandhi Bhairawa Murthy, Chollangi Village, Tallarevu Mandal, East Godavari District. 9 Balireddy Surya Rao, S/o. Appanna, Chollangi Village, Tallarevu Mandal, East Godavari District. 10 Dulla Baburao, S/o. Apparao, Chollangi Village, Tallarevu Mandal, East Godavari District. 11 Yandamuri Rambabu, S/o. Suryanarayana, Chollangi Village, Tallarevu Mandal, East Godavari District. 12 Masa Satyam, S/o. Polayya, Chollangi Village, Tallarevu Mandal, East Godavari District. 13 Gidla Papa, W/o. Gidla Vishnu, Chollangi Village, Tallarevu Mandal, East Godavari District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Revenue (Assn-I) Department, Secretariat, Hyderabad. 2 The District Collector, East Godavari District, at Kakinada. 3 The Revenue Divisional Officer, Kakinada, East Godavari District. 4 The Tahsildar, Tallarevu Mandal, East Godavari 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 a Writ of Mandamus or any other appropriate Writ, order or direction declaring the impugned action of the respondents particularly the 4th Respondent in issuing notices under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act 2007 on Form I even while Petitioners are in peaceful possession of petitioners respective lands without even considering our representation dated 27-8-2007, without any basis and without following the due process of law as illegal, arbitrary and violative of principles of natural justice etc and consequently direct the Respondents particularly the 3rd respondent to dispose of our representation dated 27-8-2007 by setting aside the notices issued to the Petitioners, in respect of their lands as per schedule hereunder, under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act 2007 on Form 1 as invalid and grant such other just and consequential relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.N.V.ANANTHA KRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Questioning the notice issued by the 4th respondent – Tahsildar, Tallarevu Mandal, East Godavari District under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Rules 2007 in Form- I, the petitioners filed the present writ petition. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. It is the case of the petitioners that they are the beneficiaries and were granted D Form pattas in the year 1970 to an extent of Ac.2.52 cents each in various survey numbers of Chollangi Village of Tallarevu Mandal of East Godavari District. In respect of petitioner Nos.8,11 and 13, the lands were assigned in favour of their family members and after their demise, the lands devolved on the said petitioners by inheritance; that all of them were in possession and enjoyment of the lands and were also given pattadar passbooks and paying the cist regularly. While so, the impugned notices were issued to them stating that they have violated the provisions of Section 3(2) of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 by alienating the said lands and, therefore, the Government is entitled to resume the lands. Pursuant to the said notices, the petitioners have submitted a representation to the 3rd respondent – Revenue Divisional Officer, Kakinada, East Godavari District on 27.8.2007 but till today there was no response from the authorities. It is also their case that except stating that they have violated the provisions of the Act by alienating the lands, no other details are given in the impugned notices to enable them to give proper explanation to the show cause notices and thus seeks for the setting aside the impugned notices. On the previous occasion, the matter was adjourned to enable the learned Government Pleader to get instructions in the matter. Today, he submits that the respondents have not initiated any proceedings after the issuance of the impugned show cause notices. Prima facie, the impugned order is only a show cause notice to which the petitioners may submit their explanations or objections. If the petitioners want any other particulars or information, they can request the 4th respondent for furnishing such details to enable them to give proper reply to the show cause notices. The petitioners shall submit their explanations to the notices within four weeks from today, which shall be considered and appropriate orders shall be passed by the 4th respondent. Till passing of final orders, the respondents are directed not to interfere with the possession of the petitioners over the land in question. With the above directions, the writ petition is disposed of. N.V.RAMANA,J Dated 3.3.2008 Msv.