THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11729 of 2002 13.8.2009 Between: S.K. Jani Miya, S/o.Kareem Saheb And others ..... PETITIONERS AND The Mandal Revenue Officer, Penuballi Mandal, Khammam District And oanther .....RESPONDENTS THE HON’BLE SRI JUSTICEV.V.S. RAO WRIT PETITION No.11729 of 2002 ORDER: Petitioners aggrieved by the action of respondents in trying to dispossess them from respective lands in survey No.19 of Chowdavaram village of Penuballi Mandal in Khammam District. Therefore, they seek a direction to respondents not to evict them. Petitioners, who are 19 in number, were allotted different extents of lands ranging from Acs.0.08 guntas to Acs.1.20 guntas vide proceedings No.B3/8714/74, dated 14.11.1974. Pursuant to such proceedings, all the petitioners were given pattas. They allege that they are landless poor persons belonging to SC/ST/BC communities and that they were in possession of the land. When they were ploughing land, in June 2002, second respondent directed to stop ploughing the land and also threatened with dire consequences. Therefore, present writ petition is filed. First respondent filed counter affidavit stating that after assignment of the land to petitioners, it is found that land assigned to petitioners is situated in reserved forest area. Therefore, a show cause notice was issued, assailing which, some of petitioners approached Government, who passed orders of stay of further proceedings. Subsequently, Government dismissed review petition. Thereafter, Joint Collector issued another notice to assignees proposing to conduct enquiry on 16.2.1996. Nine assignees attended enquiry and after considering the matter, by proceedings dated 22.3.1996, Joint Collector cancelled assignments, as land is situated in forest area. A copy thereof is also filed in the Court. This Court heard learned Counsel for petitioners and learned Assistant Government Pleader for Revenue (Assignment). The controversy is very simple. The land assigned to petitioners was found to be reserved forest land. Therefore, assignment could not have been made. Having realized this, assignees were issued show cause notices and after considering their case, Joint Collector passed orders on 22.3.1996 cancelling the assignments granted to as many as 42 persons including petitioners. In view of this, allegation of petitioners that they were sought to be evicted without due process of law cannot be accepted. If initial assignment of land is mistake as the land is situated in reserve forest area, the same was cancelled after issuing notice, which is due compliance with principles of natural justice. The writ petition is therefore misconceived. If the petitioners are aggrieved, they may have to approach Joint Collector or Revisional Authority and seek appropriate relief including relief of requesting Government for assignment of alternate land. In view of the above, writ petition is misconceived and is accordingly dismissed. No costs. _______________ (V.V.S.RAO,J) August 13, 2009 YS