ORDER :-VV:P. No.14038 of 2005:

V. Tulasiram and five others have filed this writ petition. Originally, the State of Andhra Pradesh represented by the Secretary, Revenue Department; The District Collector, Ranga Reddy District at Hyderabad; the Revenue Divisional Officer, Chevella Division, Ranga Reddy District at Hyderabad and the Mandal Revenue Officer, Shamshabad Mandal, Ranga Reddy District, were impleaded as respondents. Subsequently by the order of this Court dated 10.9.2001 in W.P.M.P. No.19400 of 2006 non-official respondent Nos.5 to 52 were impleaded.

2. A writ of Prohibition restraining the 1st respondent from proceeding further with the enquiry pursuant to the notice in file No.F1/7417/1990 dated 21.6.2005 (issued by the Joint Collector-I, Ranga Reddy District); and a consequent direction to the official respondents not to interfere with the petitioners' possession and enjoyment over the lands in Survey Nos.122 to 126, 143 to 150, 152/A, l52/B, 153 and 154 of Sultanaplli Village, Shamshabad Mandal, Ranga Reddy District, is sought.

3. The case of the petitioners in brief :

(a) The petitioners under registered sale deeds in 1982 had purchased from the original pattadars - Syed Shabuddin and Syed Karar Hyder Hussain and thus own all the lands in the Survey Numbers aforementioned. They are in possession and enjoyment of the lands since then and are recorded as owners in possession as per the relevant entries in the revenue records. The petitioners were also issued pattedar passbooks and title deeds in respect of the lands.

(b) The 3rd respondent asserted the lands to be Jagir lands and thus vested in the State under the provisions of the Andhra Pradesh (T.A.) Abolition of Jagir Regulation 1358 Fasli (for short 'Regulation 1358-F'). He issued a memo dated 21.6.1993 to the said effect. The petitioners filed W.P. No.12631 of 1993 questioning the memo. By the judgment dated 24.3.2000, the writ petition was allowed. The 3rd respondent appealed in W.A. No.732 of 2000. W.A. No.732 of 2000 was dismissed by the judgment dated 11.11.2002. The Division Bench however directed that the factual findings recorded by the learned Single Judge (in W.P. No.12631 of 1993) would not in any way influence or bind the Civil Court or any statutory forum or authority which may be called upon to decide the basic issue whether the subject lands constitute 'jagir' within the meaning of that term as defined in Section 2(f) of the Regulation 1358-F and that such issue should be resolved solely on the evidence that may be led before such Court, forum or authority, as the case may be.

(c) The 1st respondent thereafter filed a petition before the Commissioner and Director of Settlement and Jagir Administrator, Andhra Pradesh, Hyderabad for an enquiry to declare the lands as vested with the Government, since the appropriate authority to decide whether the lands are jagir or otherwise is the Jagir Administrator under Regulation 24(i) of the Regulation 1358-F. By the order dated 31.3.2005, the claim of the 1st respondent 'was dismissed by the Commissioner and Director of Settlement and the Jagir Administrator. The 1st respondent did not challenge this order and this order has thus become final.

(d) Learning that the State through the 3rd respondent is out to interfere with the petitioners' possession and enjoyment of the lands and 3rd respondent was proceeding to assign the lands to third parties, the petitioners filed W.P. No.11064 of 2005. This writ petition was disposed of by the order dated 10.5.2005 directing the respondents not to dispossess the petitioners except by following the due process of law. The petitioners were also granted liberty to seek appropriate remedy for establishing their title over the lands.

(e) While so, the petitioners received the impugned notice dated 21.6.2005 issued in purported exercise of the power under Section 166-B of the Andhra Pradesh (T.A.) Land Revenue Act, 1317-Fasli (for short 'the Land Revenue Act') and Section 9 of th

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