IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 19986 of 2006 Between: Kurakula Srinivasa Rao S/o.Gaddaiah Thadikalapudi village, Kamavarapukota Mandal West Godavari District ..... PETITIONER AND 1 The District Collector, West Godavari District, Eluru 2 The Revenue Divisional Officer, Eluru, West Godavari District 3 The Mandal Revenue Officer, Kamavarapukota Mandal West Godavari District 4 Motepalli Satyanarayana S/o.Ramulu R/o.Tadikalapudi village, Kamavarapukota Mandal West Godavari 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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the proceedings issued by the 3rd respondent dated 31.8.2006 in Roc.No.149(C)./2006 is illegal, irregular arbitrary, and violative of principles of natural justice without jurisdiction and offends articles 14,21,and 300A of constitution of India and consequently direct the respondents not to dispossess the petitioner from any extent of land much less Ac.0.16 cents of land out of Ac.3.16 cents land in Sy.No.1475/2 of Tadikalapudi village, and pass Counsel for the Petitioner: MR.SITA RAM CHAPARLA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Sita Ram Chaparla, learned counsel for the petitioner; learned Government Pleader for Assignment appearing for Respondent Nos. 1 to 3 and Sri R.B.S.V. Prakash Kumar, learned counsel for the fourth respondent. The petitioner assails the order of the third respondent bearing reference No.149 (C)/2006 dated 31- 08-2006 whereby the assignment of ‘D’Form patta granted to the petitioner by the State in an extent of Ac.03-16 cents in survey No. 1475/2, Tadikalapudi village in Kamavarapukota mandal, West Godaavari district has been pro tanto withdrawn and cancelled, to an extent of Ac.0-16 cents for the purpose of providing a passage to the lands of the fourth respondent in survey No.850 of the village. The principal grievance of the petitioner is that this order has been passed without any notice and opportunity to the petitioner. The official respondents concede to this factual aspect and submit that the impugned order has been issued without any notice or opportunity to the petitioner. The learned counsel for the fourth respondent would contend that this passage is essential for the beneficiant enjoyment of his property. It is not within the province of this Court and in this writ petition to consider the legitimacy of the said action of providing a passage to the fourth respondent’s land. Indisputably and admittedly, the petitioner was assigned a total extent of Ac.03-16 cents of land of which an extent of Ac.0-16 cents has been resumed on cancellation of the assignment and pro tanto modification of order of assignment and this action has been taken without any notice and opportunity to the petitioner. Principles of fair play require that no such order could have been passed by the third respondent without a fair opportunity and notice to the petitioner. On the aforesaid analysis, the impugned order is quashed. The writ petition is accordingly disposed of. The respondent Nos. 1 to 3 are however at liberty to take appropriate action in accordance with law. There shall be no order as to costs. ____________________ GODA RAHUGRAM, J Dated: 24-03-2008 Pvks/*