IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.24426 of 2005 Between: 1 Mogili Chinna Sailu, S/o.Yellaiah, R/o.Beside H.No.3-1-564, Vavilalapalli Locality, Karimnagar Town. 2 Mogili Mallaiah, S/o.Yellaiah, R/o. Beside H.No.3-1-562, Vavilalapalli Locality, Karimnagar Town. 3 Kalasani Veeramma, W/o.Narsimhulu, R/o.H.No.3-7-333, Boiwada (Dhobiwada), Karimnagar Town. ..... PETITIONERS AND 1 The Collector, R.O.R., Karimnagar/Joint Collector, Karimnagar. 2 The Revenue Divisional Officer, Karimnagar. 3 Smt.Nalimela Sadalaxmi, W/o.Srinivasa Rao, R/o.H.No.2-3-1, Boiwada, Karimnagar Town, (Presently residing at Filmnagar, Madhura Nagar, Hyderabad) .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ order or direction especially one in the nature of writ of Certiorari calling for records relating to order dt.31-8-2005 made in Reviewing petition bearing No.D1/4900/2005 of the Joint Collector, Karimnagar and quash the same and pass such other order or orders. Counsel for the Petitioners: MR.M.SURENDER RAO Counsel for the Respondents: GP FOR REVENUE MR. V. RAGHUNATH The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.24426 of 2005 ORDER: This writ petition is filed questioning the order dated 31.08.2005 passed by the 1st respondent- Collector (R.O.R)/Joint Collector, Karimnagar. The petitioners claim that they are the owners and possessors of the land in an extent of Ac.4.00 in Sy.No.956 situated at Karimnagar Town, having purchased the same from the grandfather of the 3rd respondent, and they rely on the judgments and decrees dated 23.03.1976 passed in the suits O.S.Nos.75 and 76 of 1976 by the learned District Munsif, Karimnagar, declaring them as the owners of the said land and granting perpetual injunction in their favour against the defendants in the said suits, and also on the ryotwari passbooks issued in their favour after mutation of their names in the revenue records. On the other hand, the 3rd respondent claims to be the owner of the land in an extent of Ac.3.27 gts. out of the aforesaid land, based on a compromise decree passed in O.S.No.232 of 1979 and the pattadar passbook and title deed issued in her favour in terms of the said compromise decree. It appears, on the petitioners filing an appeal under Section 5 (5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, seeking cancellation of the pattadar passbook and title deed issued in favour of the 3rd respondent, the 2nd respondent- Revenue Divisional Officer, Karimnagar, considered the matter in detail and cancelled the pattadar passbooks and title deed issued in favour of the 3rd respondent, by his order dated 09.07.2005. Aggrieved by the same, the 3rd respondent preferred a revision petition before the 1st respondent, who allowed the same, by the impugned order dated 31.08.2005, setting aside the order passed by the 2nd respondent. Questioning the same, the present writ petition is filed by the petitioners. There is no necessity of going into all the details. Admittedly, no notice of any kind was issued to the petitioners before passing the impugned order dated 31.08.2005. Thus, the impugned order was passed in gross violation of the principles of natural justice and, on that ground alone, it is liable to be set aside. Accordingly, the impugned order dated 31.08.2005 is set aside and the matter is remanded to the 1st respondent for consideration afresh and for passing appropriate orders as per law, after issuing notice to the parties and hearing them. The writ petition is accordingly disposed of. No order as to costs. _________​__________ JUSTICE C.V. RAMULU 23rd April, 2009. IBL