(per the Hon’ble Mr.Chief Justice

G.S. Singhvi)

Having failed to persuade the learned Single Judge to accept their prayer for quashing order dated 18-12-2000 passed by Joint Collector, Khammam (respondent No.1), the appellants have preferred this appeal under Clause 15 of the letters Patent.

2. The appellants are related to each other. Appellant No.3 is the wife of appellant No.1 and appellant No.2 is the son of appellant Nos.1 and 3. Appellant No.1 was a native of West Godavari District till 1979. In 1979-1980, he settled down in Aswaraopet Village of Khammam District and by using his political clout, he could manage to get assignment of Ac.5-00 of land in Survey No. 1228 for himself and similar extents of land in the name of his three relatives, namely. Datla Ravi Kumar Varma, Penmathsa Balarama Raju and Gadiraju Ramachandra Raju. Appellant No. 1 also occupied land measuring Ac.5-00 abutting to his land, which was assigned to landless poor person.

3. It is borne out from the record that the lands assigned to Penmathsa Balaram Raju and Gadiraju Ramachandra Raju were re-assigned to one Chaldi Veeraswamy, resident of Bonakal Mandal in the category of freedom fighter. This was done without cancelling the earlier assignment. Shri Chaldi Veeraswamy is said to have sold the land to appellant No.3 vide registered document No.1609 of 1996. Likewise, the lands assigned to appellant No. 1 and Datla Ravi Kumar Varma were re-assigned to Chirra Venkaiah (another freedom fighter), resident of Churunomula Village of Bonakal Mandal in the category of freedom fighter albeit without cancelling the earlier assignment. The latter sold the land to appellant No.2 vide registered sale deed dated 24-6-1996.

4. One Kalidindi Anjaneyulu, resident of Aswaraopet complained to District Collector, Khammam against the assignment of land to appellant No. 1 and others, re-assignment of the same in favour of the freedom fighters and Sale thereof. In his complaint dated 29-9-2000, kalidindi Anjaneyulu alleged that appellant No.1, who hails from West Godavari District, has managed assignment of land in his own favour and also in favour of his kith and kin despite the fact that none of them belong to weaker sections of the society. The District Collector directed the Mandal Revenue Officer to enquire into the matter. The latter submitted detailed report with the finding that the assignments made in favour of appellant No. 1 and his kith and kin were illegal and that all the transactions had been manipulated by appellant No.1 to grab the government land. Thereafter, the matter was referred to respondent No. 1 who issued show cause notice dated 27- 10-2000 to the appellants proposing to cancel the assignment. At that stage, appellant No.1 filed Writ Petition No.20450 of 2000 for restraining the respondents from dispossessing him by contending that he was being threatened with forcible eviction. Appellant Nos.2 and 3 also filed Writ Petition No.21525 of 2000 with similar prayer. The second writ petition was disposed of by the learned single Judge by directing respondent No.1 not to dispossess the petitioners without following the due process of law.

5. It is also borne out from the record that notices were also issued by respondent No.1 to the so-called freedom fighters, namely, Chaldi Veeraswamy and Chirra Venkaiah.Chaldi Veeraswamy appeared before respondent No. 1 on

8-12-2000 and stated that he was not aware of the fact that land measuring Ac. 10-00 comprised in Survey No. 1228 of Aswaraopet Village was assigned to him and that he had never cultivated the land further stated that he was taken to the office of Sub-Registrar, Sathupalli and made to subscribe his signatures on some document; that he did not know Smt.Gadiraju Rama Sita and that he did not receive any sale consideration. The second freedom fighter Chirra Venkaiah could not be served with notice because, in the meanwhile, he had died.

6. After conducting a detailed enquiry and giving oppo