An order passed without issuing any prior notice to the petitioners is illegal and void.

ORDER:

The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to the orders in CSS & LR’S No.P3/1543/87, dated 22.06.1998 passed by the respondent No.2 and consequently set aside the same…”

2. The case of the petitioners is that after abolition of the Estates, the petitioners vendor late Kodanda Reddy and others made an application under Section 11(a) of the Estates Abolition Act, 1948, for grant of Ryothwari Patta for the land in Sy. Nos.210 and 211 of Peddakapupalli Village of Peddapanjani Mandal, Chittoor District, and the Settlement Officer, Nellore had granted Settlement Patta in favour of the petitioners vendor late Kodanda Reddy vide order No.Sr.2/11(a)/87 PGR, dated 02.05.1970. While so, the Respondent No.3 and two others filed an appeal before the Director of Settlements, Andhra Pradesh and the appeal was allowed vide order dated 08.04.1976.

3. Thereafter, the petitioners vendor late Kodanda Reddy and others filed a Revision before the Respondent No.2 herein and the Revision was dismissed vide order dated 23.09.1982, aggrieved by the same, the petitioners vendor late Kodanda Reddy and others filed a Writ Petition No.8368 of 1982 and the said Writ Petition was allowed vide order dated 28.12.1987, relevant portion is as follows:

“The issue involved in this Writ Petition is similar to the one in W.P.No.8038 of 1982, dated 15.07.1987 for the same reasons this Writ Petition is also allowed and the matter is sent back to the Commissioner, Survey, Settlements and Land Records for due disposal after giving notice to all the parties concerned. The matter being very old the Commissioner is directed to finalise the same within three (3) months from the date of receipt of this order.”

4. In view of the order of this Court in W.P.No.8368 of 1982, the respondent Nos.4 and 5 have mutated the revenue records and issued Pattadar Pass Books and Title Deeds in favour of the petitioners vide Patta Nos.890 and 893 respectively. While so, the respondent No.5, instead of updating the revenue entries in On- line, started to interfere with the petitioners rights and respondent No.3 and 4 came to subject land of the petitioners on 20.05.2016 and asked the petitioners, not to enter into the subject land as the Revision Petition filed by the petitioners vendor late Kodanda Reddy and others was dismissed. Hence, the present Writ Petition is filed.

5. When the matter came up for admission on 18.08.2016, this court granted an interim order in W.P.M.P. No.30112 of 2016 as follows:

“…The grievance of the petitioners is that the impugned order is passed without issuing notice to the petitioners stating that the petitioners are not interested in the case. It is also stated that against the same impugned order, this Court granted interim order in WPMP NO.30331 of 2016 in W.P. No.24557 of 2016. In view of the above, there shall be status-quo obtaining as on today. However this will not preclude the authorities for causing enquiry in respect of the documents presented by the petitioners…”

6. The respondent No.5 filed counter, wherein it is contended that the land in Sy.No.211 with a total extent of Ac.1605.70 cents of Peddakapupalle village, is classified as Adavi in the village Adangal and it is an M.C.field without any Sub-divisions.

7. On perusal of the impugned proceedings dated 22.06.1998 of the 2nd Respondent/Commissioner of Survey, Settlements & Land Records, it appears that the impugned order is passed without issuing any prior notice to the petitioners and on the other hand the order shows that the petitioners filed Revision Petition before the Commissioner of Survey, Settlements & Land Records and the same was dismissed leading to the filing of Writ Petition No.8368 of 1982. The impugned proceedings shows that during pendency of the Revision Petition one