ORDER :

The petitioners are challenging the proceedings dated 20.03.2021 in Rc.No.2048/2020/B passed by the Sub-Collector and Sub-Divisional Magistrate, Penukonda, Anantapuram District/2nd respondent cancelling the entries in pattadar passbooks and title deeds standing in the names of the petitioners in respect of subject land and directing the Tahsildar, Penukonda/3rd respondent to conduct denovo enquiry by verifying the documents of both parties as per the A.P. Rights In Land And Pattadar Passbooks Act, 1971 (for short ‘The Act, 1971’) as illegal, arbitrary and without jurisdiction and devoid of principles of natural justice.

2. The petitioners’ case succinctly is thus:

(a) The petitioners are owners and possessors of the subject land situated at Kondampalli Village, Penukonda Mandal, Anantapuram District as shown below:

(b) The above lands are assigned lands. The petitioner Nos.1 and 4 are the original D-Form Pattadars and other petitioners are the legal heirs of the original pattadars and all of them were issued pattadar passbooks and title deeds long time back and they have been in peaceful possession and enjoyment of the above lands.

(c) Further, the then Revenue Division Officer (RDO) Penukonda in appeal vide D.Dis.No.2705/93(J) dated 13.05.1994, upheld the claim of the petitioners as assignees of the assigned lands and declared their rights. Aggrieved parties therein have not challenged the said order by carrying out further proceedings and thus the above order dated 13.05.1994 became final.

(d) While so, without the knowledge of the petitioners, the kith and kin of aggrieved parties filed representation in D.Dis.No.2705/93(J) before the 2nd and 3rd respondents suppressing the fact that rights of the petitioners were already upheld in the previous proceedings way back in the year 1994. Though the representation is time barred, the 2nd respondent issued notice dt: 30.10.2020 to all the parties and called for specific documents alone, without providing copies of either the representation of the unofficial respondents 4 to 7 or the report of the 3rd respondent. On 05.11.2020 the petitioners approached the office of the 2nd respondent and requested for the important documents i.e., representation of respondents 4 to 7 and report of the 3rd respondent if any to enable them to file a befitting reply/objections. However, due to prevalence of COVID-19 pandemic, the 2nd respondent and her staff members did not permit the petitioners to meet the 2nd respondent. With much persuasion, the 2nd respondent agreed to receive the petitioners’ documents as specified in the notice dt: 30.10.2020 and reply to the notice dt: 30.10.2020.

(e) The petitioners did not receive any further notice or any other correspondence till 20.03.2021 from the office of the 2nd respondent. However, surprisingly, on 21.03.2021 the unofficial respondents trespassed into the lands of the petitioners in spite of the objections raised by the petitioners and started measuring the land. When questioned their illegal acts, the unofficial respondents have shown the impugned order passed by the 2nd respondent. The 2nd petitioner obtained the photocopy of the said order and came to know about the illegal order passed by the 2nd respondent without issuing any notice or affording personal hearing to the petitioners. Even the documents produced by the petitioners were also not taken into consideration