IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 211 of 2009 BETWEEN: 1 Rampally Narsaiah, S/o. Late R. Kistaiah, R/o. Tajpur Village, Bhongir Mandal, Nalgonda District. 2 Rampally Sreeramulu, S/o. Late R. Kistaiah, R/o. Tajpur Village, Bhongir Mandal, Nalgonda District. 3 Smt. R. Premalatha, W/o. Thirumala Raj, R/o. Tajpur Village, Bhongir Mandal, Nalgonda District. 4 Rampally Murali, S/o. Late R. Kistaiah, R/o. Tajpur Village, Bhongir Mandal, Nalgonda District. ... PETITIONERS AND 1 The District Collector, Nalgonda District, Nalgonda. 2 The Revenue Divisional Officer, Bhongir Division, Bhongir, Nalgonda District. 3 The Tahsildar, Bhongir Mandal, Bhongir, Nalgonda 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 may be pleased to issue a writ, order or directions more particularly writ of mandamus declaring the action of the respondents in trying to dispossess the petitioners from their agricultural lands, admeasuring Ac. 8.28 Gts. in Sy.No.65 of Tajpur Village, Bhongir Mandal, Nalgonda District and trying to cancel the assignment of lands without issuing any notice or orders arbitrary, illegal and void and against to the letter and spirit the constitution of India consequently direct the respondents not to dispossess the petitioners from their agricultural lands and not to cancel their assignment orders and pass such other order or orders. Counsel for the Petitioners: MR.MOHD MUMTAZ PASHA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: Petitioners seek a Writ of Mandamus to declare the action of the respondents in trying to dispossess them from their agricultural lands, admeasuring Ac. 8.28 guntas in Sy.No.65 of Tajpur Village, Bhongir Mandal, Nalgonda District and trying to cancel the assignment of lands without issuing any notice or orders arbitrary, illegal and void and against to the letter and spirit the Constitution of India and consequently to direct the respondents not to dispossess the petitioners from their agricultural lands and not to cancel their assignment orders. 2. Petitioners submit that their father Late R. Kistaiah, a landless poor and an agriculturist, was assigned land to an extent of Ac.8.28 guntas in Tajpur Village, Bhongir Mandal, Nalgonda District, in the year 1968 and patta certificate was also issued. They further submit after the demise of their father, they being the legal heirs succeeded to the said property, each an extent of Ac.2.07 guntas and that neither their father nor they have violated any of the terms and conditions of the assignment. While so, the Tahsildar, Bhongir Mandal started interfering with their peaceful possession and enjoyment by visiting the said lands on 29.12.2008 and on 02.01.2009. 3. Learned counsel for the petitioners submits that assignment of the aforesaid land was made in favour of the father of the petitioners and after the demise of their father, the petitioners have been cultivating the same without violating any of the terms and conditions of the patta or any of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. 4. I am not inclined to express any opinion with regard to the merits of the case as to whether the petitioners have violated any of the terms and conditions of the patta or not. However, I am of the opinion that the petitioners cannot be disposed with following the due process of law. 5. Having regard to the facts and circumstances of the case, the respondents are directed not to dispossess the petitioners from the said agricultural land and not to cancel their assignment without following the due process of law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 12, 2009 DSK/HAR