IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 4417 of 2005 Between: 1 S. Ramaiah S/o. Ramaiah R/o. Beside Homeopathy College, A.S.R. Nagar, Ravindranagar Post, Cuddapah Town, Cuddapah District. 2 Puli Krishna Murhty S/o. Subba Rayudu, R/o. 8/6-4, Upstairs, Behind Durga Work Shop, Vakkalapeta, Cuddapah, Cuddapah District. 3 Levaku Naga Mohan Reddy S/o. Venkata Subba Reddy R/o. 9/707, Upstairs, Kasirao Thota, Cuddapah Town, Cuddapah District. ..... PETITIONERS AND 1 The District Collector, Cuddapah District, Cuddapah. 2 The Joint Collector, Cuddapah District, Cuddapah. 3 The Revenue Divisional Officer, Cuddapah, Cuddapah District. 4 The Mandal Revenue Officer, Cuddapah Mandal, Cuddapah District. 5 Veligendla Subbanna S/o. Subbaiah Industries Centre, R/o. Yerramukkapalli,. Cuddapah Town and 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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings in Ref.No. E5/3008/2003 dt. 22-12-2004 issued by the 1st respondent and the consequential proceedings in Ref.No. B/1302/2003 dt. 30-12-2004 issued by the 4th respondent as arbitrary, illegal, contrary to the judgment and decree dt. 22-3-2002 made in O.S.Nos. 617, 618 and 619 of 1999 and violative of the principles of natural justice apart from being violative of the fundamental rights guaranteed to us under Articles 14 and 21 of the Constitution of India and consequently set- aside the same, and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: ORAL ORDER: The petitioners challenge the order of the first respondent dated 22-12-2004 and a consequent order of the fourth respondent dated 30-12-2004. The District Collector, Kadapa by the order dated 22-12-2004 directed that the land in an extent of Ac.0-10 ½ cents in survey No.606, Chemmumiahpet be entered in the Prohibitory Order Book on the ground that it is a disputed land and directed the fourth respondent – The Mandal Revenue Officer to make the necessary entries in the village accounts and report compliance. The first respondent passed this order on the ground that the fifth respondent and his co-brothers had represented to him that the said extent of land is in their possession and that the house site pattas issued in favour of the petitioners should be cancelled. The first respondent recorded that the disputed extent of land is part of a larger extent of Ac.10-05 cents which is a vacant village site being used as play ground by the children of Bala Vikasa English Medium School. In 1999 house site pattas were granted to the petitioners and they failed to construct houses within six (6) months as per condition No.11of the grant. The petitioners had also filed O.S.Nos. 617 to 619 of 1999 before the Court of learned 4th Additional Junior Civil Judge, Kadapa, against the fifth respondent and others and in the said litigation, permanent injunction was granted on 22-03-2003 restraining the fifth respondent and others from interfering with the petitioners’ possession and enjoyment of the suit schedule property. Thereagainst, the fifth respondent filed appeals before the District Court, Kadapa. The matter is asserted to have been settled out of Court. It is represented by the learned counsel for the petitioners that the appeals have not yet been numbered. Smt. B. Malleshwari, learned counsel appearing for the fifth respondent states that the appeals have been numbered. The principal complaint of the petitioners is that the first respondent had passed the order dated 22-12-2004 which has an adverse impact on the petitioners’ enjoyment of the properties in an extent of 0-10 ½ cents in survey No. 606 of the village, without notice and opportunity to them. As a consequence of the first respondent’s order dated 22- 12-2004, the fourth respondent has cancelled ‘D’ form house site pattas issued to the petitioners on 08-07-1999 again without notice and opportunity to them. Though the writ petition was instituted in February, 2005 none of the official respondents have chosen to file counter affidavit. The fifth respondent has alone filed the counter, Smt. B. Malleshwari is appearing for the fifth respondent. It is contended that the petitioners have an appellate remedy and should pursue the same. The fifth respondent’s pleadings are silent on the petitioners’ allegation that neither the first respondent nor the fourth respondent had afforded them an opportunity or issued a notice before passing the impugned orders. Learned Government Pleader for Revenue appears on behalf of the official respondents and concedes the legal position based on the factual position that as no notices were issued either by the first respondent or the fourth respondent before the orders passed on 22-11-2004 and 30-12-2004 respectively, these orders are unsustainable and must perish. In view of the fact that respondent Nos. 1 and 4 have chosen to pass orders adverse to the petitioners’ interest without notice and opportunity to them, the order of the first respondent dated 22-12-2004 and of the fourth respondent dated 30-12- 2004 are quashed. The respondents are however at liberty to initiate appropriate proceedings in accordance with law and complying with the principles of natural justice. The writ petition is filed seeking relief against the action of the respondent Nos. 1 and 4 in recording the land allotted to the petitioners by way of house sites in the Prohibitory Order Book and the other order dated 30-12- 2004 canceling their house site pattas allotted to them, by an earlier order dated 08-07-1999. The petitioners have however not chosen to implead the State of Andhra Pradesh and instead have merely impleaded the District Collector, Kadapa. On recognition of the error, Sri V.R. Reddy Kovvuri, the learned counsel pleads that the petitioners may be permitted to amend the cause title and to substitute the first respondent with the State of Andhra Pradesh represented by the District Collector, Kadapa, Kadapa district. The learned counsel undertakes to make amends for this drafting error by depositing Rs.200-00 (Rupees two hundred only) to the credit of the Secretary, the Andhra Pradesh State Legal Services Authority. Accordingly, the petitioners are permitted to amend the cause title in the writ petition by amending the description of the first respondent to read as the State of Andhra Pradesh represented by the District Collector, Kadapa on payment of Rs.200-00 (Rupees two hundred only) to the Secretary, Andhra Pradesh State Legal Services Authority, within seven (7) days from today. The writ petition is disposed of as above. There shall be no order as to costs. ____________________ GODA RAGHURAM, J Dated: 09-04-2008 Pvks/*