ORDER :

This Writ petition is filed with the following relief:

“….to issue an appropriate writ, order or direction, particularly one in nature of Mandamus, declaring 1st Panchanama dated 23.11.2009 conducted by the respondent herein, whereby an extent of Ac.17.02 guntas of land situated in Sy.Nos.817/34 to 817/40 of Paloncha village and Mandal, Khammam District, belonging to the petitioners was taken possession by the respondents herein, as illegal, arbitrary, un-reasonable, without authority of law, without jurisdiction and violative of principles of natural justice and also violative of Articles 14, 21 and 300-A of the Constitution of India and issue a direction to the respondents herein not to give effect to the same and to permit the petitioners to be in possession of the said land…”

2. Heard Sri Kiran Reddy Mallarapu, learned Counsel.

3. The learned Counsel for the petitioners submitted that the petitioners are the owners and possessors of different extents of land, total to an extent of Ac.17.02 Guntas situated in Sy.No.817/34 to 817/40 of Palvancha Village, having purchased the same through various registered sale deeds and were in possession of the same ever since the date of their purchase till some illegal encroachers in the name of Adivasai Samkeshama Parishdad and Tudum Debba and MRPs and they have tried to grab the scheduled land. Despite of representations made by the petitioners, the respondents have not acted upon for providing protection to them. In view of the same, the petitioners approached this Court and filed W.P.No.18543 of 2009 and the same was disposed of on 03.09.2009 and directed the revenue and police authorities to act upon the representations of the petitioners.

4. The learned Counsel for the petitioners further submitted that on 23.11.2009, after receiving Contempt Notice, the Municipal, Forest and Police authorities have evicted the encroachers. Thereafter, to the surprise of the petitioners, the respondent No.1, through impugned Proceeding Nos.F/4607/2008 dated 22.11.2009, have taken over possession of the subject land under cover of panchanama on the ground that the said land is a Government land. Against the said action of the officials of respondent No.1, the petitioners filed the present Writ Petition contending that the action of the respondent Nos.1 and 2 is illegal, arbitrary to the directions of the High Court in W.P.No.18543 of 2009 of 2009 and this Court granted interim stay of panchanama dated 23.11.2009 on 15.02.2010.

5. The learned Counsel for the petitioners submitted that the lands in Sy.Nos.817/34 to 817/40 were allotted to the predecessors-in-title of the petitioners under Laoni Rules, by the then Social Service Officer, Yellandu and the said fact reveals from the entries in the pahanies. There is no restriction on the transfer of lands allotted under Laoni Rules; as such the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 do not applicable to the subject lands. The respondent No.2 have passed orders to that effect in CMA No.3 of 1993, CMA No.4 of 1993 and also CMA No.10/1995 dated 18.01.2002, in respect of subject lands.

6. The learned Counsel for the petitioner further submitted that respondents have not furnished the copy of proceedings Under Section 145 Cr.P.C., said to have been issued by the respondent No.2 vide Proc.No.F/4607/2008 dated 22.11.2009 nor they issued any notices to the petitioners and the officials of respondent No.1 have not followed the procedure laid down under Section 145 Cr.P.C. The documents filed by the official-respondents along with the counter, clearly shows that the respondent No.1 has not followed the procedure as contemplated under Sub-Section 3 of Section 145 Cr.P.C., and requested to allow the writ petition by setting aside the impugned panchanama.

7. In support of the contentions of the petitioners, the learned Counsel for the petitioners

relied on the following decisions:

Appearing for the petitioners and Learned Assistant Gove