THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.20862 of 2002 Date of Order:17.02.2011 Between: K.Venkateswarlu and others ..Petitioners and The Mandal Revenue Officer, Kasimota and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY WRIT PETITION No.20862 of 2002 ORDER :- Petitioners, who were assigned lands to an extent of Acs.4-15 cents in survey No.486/1, Acs.4-78 cents in survey No.486/2 and survey No.2/4, Acs.0-78 cents in survey Nos.486/4 and 2/6 of Ugginipalem villaga in D-form pattas in Dr.No.52/92, dated 01.03.1993, and were issued pattadar passbooks, filed the present writ petition stating that they are landless poor persons and belong to Vadabalija Caste i.e., B.C. ‘A’ Category and residents of Ugginipalem village, Kasimkota Mandal, Visakhapatnam District. Since the date of assignment, they have reclaimed the lands by spending huge amounts and brought the lands under cultivation and raised cashew plantations by paying the land revenue for the said lands regularly. The cashew plantations are now grown up and are at the age of fruit bearing trees. On the complaint made by the President of Dalita Bahujana Agricultural Labour Society, the 1st respondent by the impugned proceedings, dated 23.06.2002, cancelled the D-form pattas saying that the said lands, which were assigned to the petitioners, were assigned to Karanam Nagaraju, Pilla Sanyasiraju and Karla Sanyasirao. It is further submitted that the petitioners have not been served with any notice nor any enquiry was conducted before issuing the said proceedings. The petitioners’ names were also not shown in the proceedings but the names of the above persons were shown who were granted D-form pattas. Therefore, the impugned proceedings issued by respondent No.1, is arbitrary and illegal. In the counter affidavit filed by the respondents, it is stated that on the complaint made by the President of the Dalita Bahujana Agricultural Labour Society stating that the petitioners have unauthorisedly purchased land from Pilla Sanyasi Raju, Karanam Nagaraju and Kalla Sanyasi Rao and has been enjoying the D-form lands, the Mandal Revenue Officer conducted an open enquiry in the village, where the villagers stated that the petitioners are residents of Vada Narasapuram Village. They have purchased the D-Form pattas from the original assignees and got the pattadar passbooks with the help of the Village Administrative Officer, Ugginipalem. But they are not the original assignees and no assignment pattas were issued in favour of the petitioners. The D-form pattas were issued in favour of Pilla Sanyasi Raju, Karanam Nagaraju and Kalla Sanyasi Rao. Show cause notices were issued in favour of the original assignees and also got the panchanama report from the Ugginapalem ryots regarding the encroachment of the petitioners. Hence, the impugned proceedings, dated 23.06.2002, have been issued as per the R.O.R.Act cancelling the pattadar passbooks. Further it is stated that the D-Form pattas were issued in favour of three persons as referred to above and they violated the assignment conditions by alienating the D-Form lands unauthorisedly to the petitioners. The petitioners have also violated the assignment conditions by purchasing the D-Form patta lands unauthorisedly from the original assignees. The show cause notices were served alternatively by fixing of notices on the land due to non-residence of the petitioners. The sale transaction comes under the A.P.Assigned Lands (Prohibition of Transfer) Act, 1977. Since the petitioners have violated the assignment conditions and purchased the D-Form lands from the original assignees, the impugned proceedings have been issued. The respondents have nowhere denied the grant of D-Form pattas to the petitioners as contended by them stating that they have purchased them from the original assignees. If that be the case, how D-form pattas were issued in favour of the petitioners by the Mandal Revenue Officer on 01.03.1993 has not been disclosed. Therefore, unless the petitioners were served with the notices about the cancellation of D-form pattas or if the said D-Form pattas produced by the petitioners are not genuine and fabricated, the impugned proceedings issued showing the lands in the name of wrong persons admitting that they were served with the notice, is of no consequence. On the one hand, it is stated that for violation of the conditions of D-form pattas, the impugned proceedings were issued cancelling the pattadar passbooks and on the other hand, it is stated that D-form pattas given to the above persons were cancelled. Therefore, the impugned order passed by the Mandal Revenue Officer cancelling the D-Form pattas will be of no consequence insofar as the petitioners’ lands are concerned, as the D- form pattas issued to them have not been cancelled. In view of the same, the respondents shall not dispossess the petitioners pursuant to the impugned proceedings issued as referred to above, as it was not issued against them nor D-form pattas of the petitioners were cancelled. As long as the D-form pattas granted in favour of the petitioners are not cancelled, they shall not be dispossessed from the schedule property. The petitioners shall be continued to be pattadars as per pattadar passbooks issued in their favour until they are cancelled by following due procedure. Writ Petition is, accordingly, disposed of with the above direction. There shall be no order as to costs. _________________ A.GOPAL REDDY, J February 17, 2011 Lmv