IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU Writ Petition No.13235 of 2004 Writ Petition No.689 of 2005 Writ Petition No.1987 of 2005 Writ Petition No.8815 of 2005 Writ Petition No.11716 of 2005 Writ Petition No.11728 of 2005 WRIT PETITION NO : 13235 of 2004 Between: 1 Polagoni Balaraji, S/o. Late Mallaiah, R/o. Korremula village, Ghatkesar Mandal, Ranga Reddy District. 2 Mankoji Veerammani, W/o. Late Venkaiah, R/o. Korremula village, Ghatkesar Mandal, Ranga Reddy District. ..... PETITIONER(S) AND 1 The Secretary, Department of Revenue, Government of A.P., Hyderabad. 2 The District Collector, Ranga Reddy District. 3 Revenue Divisional Officer, Ranga Reddy District-East Division. 4 Mandal Revenue Officer, Ghatkesar Mandal, Ranga Reddy District. .....RESPONDENT(S) 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 Writ order or direction, more particularly one in the nature of Mandamus declaring the Orders of the respondents in cancelling of pattas in Sy.No.867 vide the Common Order in Proceedings No.B/2057 to 61, 2183, 2184 and 3270/2000, Dt. 28-03-2002 of 3rd respondent and B1/296/2000, dated 19-04-2000 of 4th respondent and making attempts to dispossessing us from the above land, is illegal, arbitrary and unconstitutional and violation of Articles 14, 19 (1) (g) and 21 of the Indian Constitution and Principles of Natural Justice Counsel for the Petitioners : MR.R.RAMANJANEYULU Counsel for the Respondents : GP FOR REVENUE WRIT PETITION NO : 689 of 2005 Between: Smt. Madi Vijaya, W/o. Madi Ram Reddy, r/o. Aziznagar Village, Moinabad Mandal, Ranga Reddy District, A.P. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District, at Lakdikapool, Hyderabad. 2 Revenue Divisional Officer, Chevella Division, at Attapur, Ring Road, Rajendranagar Mandal, Ranga Reddy District. 3 Mandal Revenue Officer, Moinabad Mandla, Ranga Reddy District. .....RESPONDENT(S) 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 writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS", declaring the action of the respondents in attempting to dispossess the petitioner and proposing to re- assign the agricultural land in Sy.No. 176/53, to an extent of Ac. 3- 30 guntas, situated at Aziznagar revenue village, Moinabad Mandal, Ranga Reddy District without authority of law as illegal, arbitrary and violative of princi;es of natural justice and violative of Art. 14, 19, and 21 of Constitution of India and consequently award compensation for illegla action of the respondents and pass any other order in the interest of justice Counsel for the Petitioner : MR.VIJAY KUMAR DEVINENI Counsel for the Respondents : GP FOR REVENUE WRIT PETITION NO : 1987 of 2005 Between: 1 M.Malla Reddy, S/o.Balakista Reddy, R/o.Aziznagar Villege, Moinabad Mandal, Ranga Reddy District, A.P. 2 M.Narsihma Reddy, S/o.Balakista Reddy, R/o.Aziznagar Villege, Moinabad Mandal, Ranga Reddy District, A.P. 3 M.Krishna Reddy, S/o.Balakista Reddy, R/o.Aziznagar Villege, Moinabad Mandal, Ranga Reddy District, A.P. 4 M.Ram Reddy, S/o.Late Narayan Reddy, R/o.Aziznagar Villege, Moinabad Mandal, Ranga Reddy District, A.P. 5 M.Muthyam Reddy, S/o.Late Thirupathi Reddy, R/o.Aziznagar Villege, Moinabad Mandal, Ranga Reddy District, A.P. ..... PETITIONER(S) AND 1 The District collector, RR Dist., at Lakdikapool, Hyderabad. 2 R.D.O., Chevella Division, at Attapur, Ring Road, Rajendranagar Mandal, RR Dist. 3 M.R.O., Moinabad Mandal, RR District. .....RESPONDENT(S) 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 writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in attempting to dispossess the petitioner and proposing to re-assign the agricultural land in sy.No.176/59, to an extent of Ac.4-38 guntas, situated at Aziznagar revenue village, Moinabad Mandal, Ranga Reddy District without authority of law as illegal, arbitrary and violative of principles of natural justice and violative of Art.14, 19, and 21 of Constitution of India and consequently award compensation for illegal action of the respondents and pass any other order in the interest of justice. Counsel for the Petitioners : MR.M.LAXMAN Counsel for the Respondents : GP FOR REVENUE WRIT PETITION NO : 8815 of 2005 Between: 1 M. Narsihma Reddy S/o. Late Balakrishna Reddy R/o. Aziz nagar Village, Moinabad Mandal, Ranga Reddy District, A.P. 2 M. Krishna Reddy S/o. Late Balakrishna Reddy R/o. Aziz nagar Village, Moinabad Mandal, Ranga Reddy District, A.P. ..... PETITIONER(S) AND 1 The District Collector, Ranga Reddy District, at Lakdikapool, Hyderabad. 2 Revenue Divisional Officer, Chevella Division, at Attapur, Ring Road, Rajendranagar Mandal, Ranga Reddy District. 3 Mandal Revenue Officer, Moinabad Mandal, Ranga Reddy District. .....RESPONDENT(S) 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 writ, order or direction, more particularly one in the nature of "WRIT OF MANDAMUS , declaring the action of the respondents in attempting to dispossess the petitioner and proposing to re- assign the agricultural land in Sy.No. 176/21, to an extent of Ac. 2-39 guntas, situated at Aziznagar Revenue Village, Moinabad Mandal, Ranga Reddy District without authority of law as illegal, arbitrary, and violative of principles of natural justice and violative of Art. 14, 19 and 21 of Constitution of India and consequently award compensation for illegal action of the respondents and pass any other order in the interest of justice. Counsel for the Petitioners : MR.M.LAXMAN Counsel for the Respondents : GP FOR REVENUE WRIT PETITION NO : 11716 of 2005 Between: G.Jai Prakash S/o.Late G.Shankarlal ..... PETITIONER AND The Mandal Revenue Officer, Medchal Ranga Reddy District. .....RESPONDENT 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 writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent in attempting to dispossess the petitioner from the land situated in Sy.No.176 admeasuring Ac.0.06 Guntas, of Dabeerpur Village, Medchal Mandal, Ranga Reddy District, without following the due process of law and without considering the explantion submitted by the petitioner to the show cause notice No.B/75-5/05 dt.21.3.2005, as illegal, arbitrary, unjust and violative of Article 19 and 21 of the Constitution of India and consequently direct the respondent not to take any coercive steps and to grant such other relief or reliefs. Counsel for the Petitioner : MR.G.BABU RAO Counsel for the Respondent : GP FOR REVENUE WRIT PETITION NO : 11728 of 2005 Between: L.Harish Gandhi, S/o.L.Laxmaiah, R/o.H.NO.10-3-188, St.John's Road, Secunderabad-3. ..... PETITIONER AND The Mandal Revenue Officer, Medchal Mandal, Rangareddy District. .....RESPONDENT 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 writ, order or direction more particularly one in the nature of writ of Mandamus, to declare the action of the respondent in attempting to dispossess the petitioner from the lands situated in sy.no.261/B& 262/B admeasuring Ac.0.31 Guntas and Ac.0.10 Guntas, totally admeasuring Ac.1.01 Guntas, of Gowdavalli village, Medchal Mandal R.R.District, without considering the follwoing the due process of Law and without considering the explanation submitted by the petitioner to the show cause notice No.B/733/052, dt.21-3- 05, as illegal, arbitrary, unjust and violative of Articles 19 and 21 of the Constitution of India and consequently direct the respondent not to take any coercive steps and to grant such other relief or reliefs as this Hon'ble court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner : R.G.BABU RAO Counsel for the Respondent : GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU Writ Petition No.13235 of 2004 Writ Petition No.689 of 2005 Writ Petition No.1987 of 2005 Writ Petition No.8815 of 2005 Writ Petition No.11716 of 2005 Writ Petition No.11728 of 2005 ORAL COMMON ORDER: (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioners in all the above mentioned writ petitions as well as the learned Special Government Pleader appearing for the respondents. 2. Since the common question involved in all these writ petitions is regarding the validity of the action initiated by the respondents under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (Act No.9 of 1977) for resuming the assigned lands in favour of the predecessors of the petitioners in these writ petitions, they are heard together and being disposed of by this common order. 3. Similar question had fallen for consideration before another Division Bench of this Court in W.P.No14795 of 2005 and batch, and the said Division Bench, by common order, dated 02-09-2008, disposed of the same with the following directions: “Against the order passed by the Mandal Revenue Oﬃcer resuming the land and handing over possession of land to the original assignee, an appeal lies to the Revenue Divisional Oﬃcer under Sec.4-A (1). Sub-section (2) of Sec.4-A provides for an appeal to the District Collector against the orders of the Revenue Divisional Oﬃcer passed under Sec.4(1). Therefore, we grant liberty to the petitioners to ﬁle an appeal within a period of four weeks from the date of receipt of a copy of this order. On ﬁling such appeal, the Revenue Divisional Oﬃcer shall entertain the same without any objection to the law of limitation and pass appropriate orders on merits.” 4. However, a review petition in Rev.W.P.M.P.No.26507 of 2008, was ﬁled in W.P.No.10206 of 2005, whereby and whereunder the Division Bench, by order, dated 12-09-2008, further clariﬁed that the review petitioner can raise all the grounds in appeal, if any, ﬁled before the concerned Revenue Divisional Oﬃcer and the appeal has to be considered within a period of two months from the date of such presentation in the light of the law declared by this Court while disposing of the writ petitions. 5. Therefore, since all the questions raised before this Court had already been decided by a Division Bench of this Court, by common order, dated 02-09-2008, in W.P.No.14795 of 2005 and batch, no further adjudication is necessary in these writ petitions. 6. Accordingly, all the abovementioned writ petitions are disposed of in terms of the common order, dated 02-09- 2008, passed by a Division Bench of this Court in W.P.No14795 of 2005 and batch. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE K.C.BHANU 22-09-2008. Msr THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C.BHANU Writ Petition No.13235 of 2004 Writ Petition No.689 of 2005 Writ Petition No.1987 of 2005 Writ Petition No.8815 of 2005 Writ Petition No.11716 of 2005 Writ Petition No.11728 of 2005 (Writ Petition No.13235 of 2004 and batch) 22-09-2008 (Msr)