IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE SRI JUSTICE V.V.S.RAO TUESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND NINE Writ Petition No.18010 of 2002 Between: Bathala Subbamma, W/o. Dasaiah, Aged about 62 years, R/o.Thurimerla Village, Sydapuram Mandal, Nellore District And others …Petitioners AND The District Collector, Nellore District. And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO Writ Petition No.18010 of 2002 ORDER: The petitioners herein are residents of Thurimerla village of Sydapuram Mandal in Nellore District. They filed instant writ petition seeking Writ of Mandamus declaring the action of respondents in trying to remove lemon trees and other trees raised on ridges on western side of land in Survey No.219/P and 223-P as illegal and arbitrary. A consequential direction to respondents not to dispossess petitioners is also sought. The case of petitioners, in brief, is as follows. On 08.09.1998 and 08.02.1999, Mandal Revenue Officer, Sydapuram Mandal, assigned land ranging from Acs.1.50 cents to Acs.1.90 cents to each to petitioners. Petitioners obtained Pattadar Passbooks and title deeds and are cultivating the land. Their names are also mutated in revenue records. Petitioners 1 to 4 reclaimed land and raised lemon gardens. Petitioner No.5 raised paddy crop. It is alleged that one week prior to filing writ petition, fourth respondent threatened to remove lemon trees at the behest of opponents of petitioners in the village. Respondents without initiating any land acquisition proceedings, tried to dispossess petitioners. Therefore, instant writ petition is filed. Third respondent filed counter affidavit. It is stated that petitioners 1, 2, 4 and 5 are not in possession of land. The husband of third petitioner is in possession of an extent of Acs.10.10 cents in Survey No.219/P and 223/P, which was assigned to other petitioners. Muslims residing in Thurimerla village made representations to revenue authorities to provide pathway to burial ground and Darga situated in the village. They complained that husband of third petitioner occupied assigned lands and raised lemon garden and closed existing pathway and therefore, they requested to restore the pathway. The Mandal Revenue Inspector (MRI), Sydapuram Mandal enquired into the matter and submitted report on 28.08.2002, stating that land assigned to petitioners is encroached upon by husband of third petitioner (Bathala Lakshmaiah). Other allegations are denied. It is further stated that even before third respondent could take necessary action for resumption of land, Bathala Lakshmaiah got a writ petition filed and stalled the proceedings. This Court heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue (Assignment), who also produced the copy of inspection report submitted by MRI. A perusal of counter affidavit and report of MRI would show that land was assigned to petitioners 1 and 3 alone and other petitioners were not assigned any land. However, it is only Bathala Lakshmaiah who was found to be in encroachment of entire extent of land admeasuring Acs.10.10 cents. When original assignees are not in possession of land or they alienated land in favour of others, it would be clear contravention of Section 3(1) of A.P. Assigned Lands (Prohibition and Transfers) Act, 1977. The competent authority is required to pass an award declaring any such alienation void and resume the land. Even before third respondent could initiate action, probably to preempt such action, present writ petition is filed. Therefore, the writ petition is misconceived. Needless to mention that, as and when any action is taken to dispossess any of the petitioners (if they are in possession of the land) or Bathala Lakshmaiah, third respondent has to issue notice to original assignees as well as those persons who are in possession of land and take necessary action. The writ petition, with the above observations, is accordingly disposed of. There shall be no order as to costs. _______________ (V.V.S.RAO, J) October 06, 2009 Bvv