IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 14043 of 2007 Between: 1 J. Thimmaiah S/o Gopal 2 J. Jamulaiah S/o Thimmaiah 3 J. Balamma W/o late Vovanna 4 Pennamma W/o Late Chinna Ramulu 5 J. Narasimhulu S/o Thimmaiah 6 J. Pedda Ramulu S/o Thimmaiah 7 J. Chandraiah S/o Thimmaiah 8 J. Gopal S/o Nagappa 9 J. Narasimhulu S/o Nagappa 10 M. Narasimhulu S/o Pedda Thimmaiah 11 B. Ramulu S/o Gopal 12 Vusamma W/o Late Chinna Vovanna 13 Pedda Narsimhulu S/o Yellappa 14 Chinna Narsimhulu S/o Yellappa 15 R. Rama Krishna S/o Masthan 16 J. Narasimha S/o Oranna 17 J. Durgaiah S/o Gopal 18 J. Lokesh S/o Gopal 19 V. Vijaya Ramulu S/o Kondaiah 20 Srinivas S/o Keshava Rao 21 J. Chinna Narasamma W/o Krishna 22 Chinna Kristamma W/o Kerappa (All are R/o Ameenpur Village, Patancheru Mandal, Medak District) ...PETITIONERS AND 1 The District Collector, Medak at Sanga Reddy 2 The Joint Collector, Medak District, Sanga Reddy 3 The Additional Director General, Special Protection Force, Sangareddy, Medak District. 4 The Revenue Divisional Officer, Sanga Reddy Division, Medak District. 5 The Tahsildar, Patancheru Mandal, Medak 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 an order or Writ one in the nature of Writ of Certiorari calling for records in proceedings No. E1/4223/2007 dated 24-05-2007 of the Joint Collector, Medak District and quash the same as arbtirary, illegal, unjust and in violation of the principles of natural justice and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: SMT.N.SHOBA Counsel for the Respondent No.1, 2,4 & 5: GP FOR REVENUE The Court made the following: ORDER: In this writ petition, the petitioners question the order dated 24-05-2007 in proceedings No. E1/4223/2007 of the Joint Collector, Medak district on the ground that the said order was passed by the Joint Collector canceling the various assignment pattas granted in favour of the twenty two (22) petitioners without giving any notice and reasonable opportunity and therefore seeks to call for the records by issuing the writ of Certiorari and quash the same. 2. It is the case of the petitioners that after conducting a regular enquiry the final patta certificates dated 15-07-1999 in proceedings No. B/578/99 dated 15-07-1999 assigning an extent of Ac.01-00 of land in favour of each of the petitioners situated in survey No. 343/1 of Ameenpur village, Patancheruvu Mandal, Medak district have been issued by the then Mandal Revenue Officer, Patancheruvu. 3. It is further stated that after the grant of assignment patta certificates, when there was an attempt to dispossess the petitioners from the assigned lands without following due process of law, the petitioners filed W.P.No.13913 of 2005 and this Court by the order dated 01-07-2005 disposed of the said writ petition based on the instructions of the learned Government Pleader for Revenue that the assigned land of Ac.22-00 in survey No. 343/1 granted in favour of the petitioners have been earmarked separately and the remaining land of Ac.100-00 had been allotted to the Director General, Special Protection Force, Hyderabad and that the apprehension of the petitioners that they are sought to be dispossessed was without any basis. 4. It is stated that in fact, an extent of Ac.70-00 alone was allotted in favour of the third respondent and the said Ac.70-00 of land is distinct and separate from the assigned land. It is stated that though the District Collector, Medak vide his proceedings No. E3/1967/2005 dated 27-04-2005 directed the Mandal Revenue Officer, Patancheruvu to handover the possession of the land in an extent of Ac.100-00 in survey No. 343/1, Ameenpur village to the Director General, Special Protection Force, Andhra Pradesh, Hyderabad, but subsequently the Government reduced and allotted Ac.70-00 of land to the Special Protection Force vide Memo No. 45963/Assn.IV (1)/06-1 dated 18-10-2006, 5. While so, it is stated that the Revenue Divisional Officer, Sangareddy vide proceedings in Lr. No. C1/297/06 dated –05-2007 submitted proposals for cancellation of the assigned land in favour of the petitioners on the ground that the assignment made by the then Tahsildar, Patancheruvu in favour of the petitioners was against the government norms and rules and requested the District Collector for cancellation of the assignments made in favour of the petitioenrs; that accordingly notices have also been issued to all the petitioners vide letter Nos.E1/4223/2007 dated 09-05-2007 directing the petitioners to appear before the Joint Collector, Medak on 18-05-2007, but none of the petitioners attended on 18-05-2007 and accordingly based on the report submitted by the Tahasildar the assignment made earlier in favour of the petitioners was cancelled. 6. Learned counsel appearing for the petitioners submits that all the petitioners were residing very well in the village where the lands are situated and no notices have been issued to them, that though some of the lands are cultivatable and some of them are rocky area, the assigned lands of Ac.22- 00 in favour of the petitioners is distinct and different from Ac.70-00 of land allotted to the third respondent. 7. It is stated that the Ac.70.00 cents of land assigned in favour of the Additional Director General, Special Protection Force, Sangareddy, Medak District is distinct and different from Ac.22.00 cents of land assigned in favour of the petitioners and each of the petitioners has been assigned an extent of Ac1.00 cents in Sy.No.343, Ameenpur Village. As per the assignment patta certificates the assignees are not entitled to alienate the said land and the said lands shall be brought under direct cultivation within three years, failing which the assignment is liable to be cancelled. 8. The learned Government Pleader submits that the said lands were assigned against the norms and rules of the Government and the said lands are covered by hillocks, bushes, as such the land is not fit for cultivation and accordingly show causes notice were issued to all the petitioners on 09.05.2007 by the Joint Collector, Medak. 9. On the other hand, it is the specific case of the petitioners that no such show cause notices have been issued but in the counter it is stated that the show cause notices dated 09.05.2007 have been issued directing the petitioners to appear before the Joint Collector, Medak on 18.05.2007 but none appeared. The said notice was published at a notice board of Gram Panchayat, Ameenpur village as the concerned persons i.e. petitioenrs were not residing in Ameenpur village and their addresses were also not known and it was also published by beat of TOM TOM in the village. 10. I am of the opinion that the notices dated 09.05.2007 are only affixture of notices on the notice board but they cannot be treated as service of notice on the petitioners. Thus, there is no dispute that notices have not been served on the petitioners but they have been put up on the notice board of the Gram Panchayat. As admittedly, personal notices have not been served on any of the petitioners and in view of the aforesaid facts and circumstances of the case, I am of the opinion that it is just and proper to provide a reasonable opportunity to the petitioners to submit their explanations. 11. Having regard to the facts and circumstances of the case, the impugned order dated 24.05.2007 may be treated as show cause notices giving reasonable opportunity to the petitioners to submit their explanations, within one week from today and on such explanations being filed, the Joint Collector, Medak District may consider and dispose the same in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 28, 2008 Note: Furnish C.C. of the order by 01.03.2008 (B/o) DSK