IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11238 of 2008 Between: V.Chandra Sekhar Naidu S/o.Rama Chandra Naidu R/o.Cherlopalli (Village), Tirupathi (Rural) Mandal, Chittoor (District). ..... PETITIONER AND 1 The State of A.P. rep. by its District Collector, Chittoor District, Chittoor. 2 The Mandal Revenue Officer/ The Tahasildar, Tirupathi (Rural) Mandal Chittoor 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 to issue any appropriate writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in notifying the petitioner's land in Sy.No. 235, Extent Ac0-29 cents of Cherlopalli Village, Tirupathi rural Mandal, Chittoor District in the Auction Notification R.O.C. E 5/6636/2008, dated 22.05.2008, Revenue Department, Chittoor, Office of the Collector, Chittoor, at Serial No.3 of the said Notification, published in the EENADU Telugu Daily News paper, Chittoor District Edition, dated 24.5.2006, as arbitrary, illegal and violative of Article 14, 21 & 300-A of the Constitution of India and consequently set aside the said Notification R.O.C. E 5/6636/2008, dated 22.05.2008 issued by the 1st respondent in respect of the petitioner's land at S.No.3 of the Notification i.e. Sy.No. 235, Extent Ac.0-29 cents, Cherlopalli (Village), Tirupathi (Rural) Mandal, Chittoor (District) and pass such other ordersas may be just. Counsel for the Petitioner:MR.CHANDRAIAH SUNKARA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.11238 OF 2008 ORAL ORDER: Questioning the action of the respondents in notifying the land of the petitioner admeasuring Ac.0.29 cents situated at Cherlopalli Village, Tirupathi Rural Mandal, Chittoor District, in the Government Lands Auction Notification R.O.C.E.5/6636/2008 dated 22.05.2008 issued by the first respondent-District Collector, Chittoor District, as illegal and arbitrary, he filed the present writ petition. The case of the petitioner is that the father of the petitioner was a landless poor and he purchased the lands admeasuring Ac.0.29 cents in survey No.235 and Ac.2.48 cents in survey No.243/3 of Cherlopalli Village for valuable consideration from his vendors, namely, V.Subbaiah and V.Venkataramaiah and since then he has been in occupation and enjoyment thereof. While so, the second respondent-Tahsildar by his proceedings dated 16.01.1987 cancelled the DKT Pattas granted to Harijans on the premise that the assigned lands were alienated to Hindus. Aggrieved by the said proceedings in respect of the lands in question, the father of the petitioner filed Writ Petition No.12556/1989 contending that he is entitled to the protection provided under Section 3(5) of the Act 9/1977 and this Court disposed of the said writ petition by its order dated 06.07.1990 remitting the matter to the third respondent therein, who is the second respondent herein, for consideration of the plea of the petitioner afresh while setting aside the order impugned therein. Accordingly, the second respondent by his proceedings dated 13.11.1990, after examining the matter afresh, restored the lands in question in favour of the father of the petitioner. Thereafter the petitioner by spending huge amount developed the land and installed a current motor therein and has been in continuous enjoyment of the same by cultivating the same. While the things stood thus, the petitioner states that the second respondent by his proceedings dated 19.06.2006 cancelled the assignment and resumed the lands in question to the Government. Aggrieved by the said proceedings, the petitioner preferred appeal before the Revenue Divisional Officer, Tirupathi. The Revenue Divisional Officer, Tirupathi, by his proceedings dated 15.03.2008 allowed the appeal and set aside the proceedings dated 19.06.2006 of the second respondent and the proceedings dated 15.03.2008 of the Revenue Divisional Officer, Tirupathi, attained finality, they having not been assailed. While so, the first respondent herein issued Government Lands Auction Notification R.O.C.E.5/6636/2008 dated 22.05.2008 and got it published in Eenadu Telugu daily newspaper of Chittoor District Edition dated 24.05.2008 notifying the lands for public auction including the land in question. Aggrieved by the said action of the respondents herein, the present writ petition is filed. This Court has admitted the writ petition on 28.05.2008 and initially interim stay bas been granted for a period of six weeks. Thereafter counter affidavit is filed. Heard the learned counsel appearing for the petitioner and the leaned Assistant Government Pleader for Revenue appearing for the respondents. A perusal of the counter affidavit filed on behalf of the respondents shows that the land in question is the assigned land and the father of the petitioner purchased the land in question from the original assignee under a registered sale deed dated 09.10.1968 and the second respondent- Tahsildar (M.R.O.) during his field inspection made on 12.05.2006 noticed that the land in question was converted into non-agricultural purpose by the legal heirs of the father of the petitioner and was being used for manufacturing of bricks on commercial basis in contravention of the condition of the assignment and, therefore, resumed the land to the Government by following the due process of law. It is stated inter alia in the counter affidavit that revision petition was filed by the respondents assailing the orders dated 15.03.2008 of the Revenue Divisional Officer, Tirupathi, before the Joint Collector, Chittoor and the same is still pending before him. Unless and until the revision petition filed by the respondents herein assailing the orders dated 15.03.2008 of the Revenue Divisional Officer, Tirupathi, is considered and allowed, the respondents would not get any right over the land in question. Therefore, until a final decision is taken by the Joint Collector, Chittoor, on the revision petition filed by the respondents herein, they are directed not to conduct any auction of the land in question. At this stage, the learned Assistant Government Pleader for Revenue sought a direction to the Joint Collector, Chittoor, to dispose of the revision petition expeditiously. Having regard to the facts and circumstances of the case and considering the stand taken by the learned Assistant Government Pleader for Revenue, I deem it appropriate to dispose of the writ petition with the following directions: The Joint Collector, Chittoor, is directed to consider and dispose of the revision petition filed by the respondents herein expeditiously. Till such time, the respondents shall not conduct any auction of the land in question. Accordingly the writ petition is disposed of. No costs. ______________ N.V.RAMANA, J. Date: 28.07.2008. VGSR