O R D E R

This writ petition under Article 226 of the Constitution of India is filed seeking the following relief:

“… to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the impugned Proceedings of the Tahsildar, Bangarupalem Mandal, the 4th respondent, made in D.Dis. (A) 271/2021, dated 02.06.2022, cancellation of Assignment Patta in DKT No.173/4/1387, dated 31.10.1977 relating to the land admeasuring Ac.1.56 cents in Survey No.108/3 of Mogili Venkatagiri Revenue Village, Bangarupalem Mandal, Chittoor District, as illegal, unjust, arbitrary, contrary to law, void, violation of principles of natural justice and contrary to the provisions of the Andhra Pradesh Board Standing Orders, malafide, without jurisdiction, vitiated error apparent on the face of the record, nullity, non-est in law and violative Articles 21 and 300-A of the Constitution of India and set-aside the same; Award costs and pass such other suitable order or orders …”

2. The case of the petitioner, in brief, is that the father of the petitioner was assigned an extent of Ac.1.50 cents in Survey No.108/3 in Mogili Venkatagiri Village vide Patta in DKT No.173/4/1387, dated 31.10.1977. The father of the petitioner dug a well and cultivated the land by raising mango and coconut trees.

3. Initially, the land was assigned to Gaffar Saheb vide DKT No.34/4/76, dated 30.09.1967. The said assignment was cancelled and after cancelling the same it was assigned in favour of father of the petitioner. The Tahsildar/4th respondent issued Pattadar Pass Book and Title Deed in favour of father of the petitioner.

4. When respondent Nos.5 and 6 are trying to interfere with the possession, the petitioner filed suit in O.S.No.1049 of 2022 on the file of Principal Junior Civil Judge‟s Court, Chittoor. Petitioner also filed I.A.No.959 of 2022 under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 for grant of ad- interim injunction. The Civil Court granted interim injunction on 01.10.2022.

5. The petitioner made Representation respondent No.4 requesting the authority not to grant pattadar pass book to any other third-party. The respondent No.4 in turn, by an Endorsement, dated 14.12.2022 in R.O.C./192/2022 endorsed pendency of civil case. In the suit, written statement was filed. Along with the said written statement, cancellation of assignment made in favour of the father of petitioner was filed as one of the document. As seen from the document, the respondent No.4 cancelled the assignment by Proceedings, dated 02.06.2022 in D.Dis. (A) 271/2021.

6. Assailing the above proceedings, the present writ petition was filed.

7. Heard Sri S.V.Muni Reddy, learned counsel for the writ- petitioner and learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri M.M.M.Srinivasa Rao, learned counsel for respondent Nos.5 and 6.

8. The Proceedings of Tahsildar would indicate that Notice in Form-I was issued to the original assignee Gaffar Saheb and notice in Form-II to the purchasers of DKT land i.e., Abdul Azeez, Abdul Jabbar and Ghouse Basha. The original assignee Gaffar Saheb is no more. Mukhtar has refused to receive the notice. In response to the Notice in Form-II, R.Ghouse Basha stated that he along with two persons purchased the DKT land in Survey No.108/3 of an extent of Ac.1.56 cents from Jabbar Saheb for a valid consideration. Mukhtar stated that his father got DKT patta for the land in Survey No.108/3 of an extent of Ac.1.56 cents in 1977 from the authority.

9. On perusal of the record, originally the land in Survey No.108/3 extent of Ac.1.56 cents of Mogili Venkatagiri village was assigned in favour of Gaffar Saheb vide DKT No.34/4/76. Abdul Azeez, Abdul Jabbar and Ghouse Basha have jointly purchased the same under Registered Sale Deed, dt.18.11.1974. Abdul Jabbar, one of the purchasers got DKT patta in his favour for the above land vide DKT No.173/4/1387, dated 31.10.1977. The son of Abdul Jabbar was granted pattadar