THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.31707 OF 2025

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:-

“... to issue writ, order or direction preferably Writ of mandamus declaring the impugned notices i.e. (1) RC.No.C/910/2025-1 dt.12-10-2025; (2) RC.No.C/910/2025-2 dt.12-10-2025 and (3) RC.No.C/910/2025-2 dt. 12-10-2025 issued by the respondent no.5 in respect of subject land to an extent of Ac.0-30 gts., in Sy.no.136/2 of petitioner nos.1 to 3; an extent of Ac.0-25 gts in Sy.no.136/1 of petitioner no.4 and an extent of Ac.0-25 gts, in Sy.no.136/3 of petitioner no.5 situated at Edulapuram Revenue village, Khammam Rural Mandal, Khammam District as illegal, arbitrary, without authority, discriminatory and violative of principles of natural justice and consequently set aside the said notices and pass such other or further orders ...”

2. Heard Mr.Kowturu Vinay Kumar, learned senior counsel representing Mr.M.V.Hanumantha Rao, learned counsel for the petitioners, Mr.L.Ravinder, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondents.

3. Learned senior counsel appearing on behalf of petitioners contends that respondent No.5/the Tahsildar vide impugned notices dated 12.10.2025, directed the petitioners to submit their written explanations for violation of the assignment condition No.2 of Patta, as to why the assignment made shall not be cancelled and to resume back the land to Government custody and directed the petitioners to appear in person on 22.10.2025 at 11:00 A.M. along with the records. He states that originally, petitioners were assigned the subject lands in terms of provisions of G.O.Ms.No.1406 dated 25.07.1958 and G.O.Ms.No.993 dated 13.10.1969 vide Patta Certificate No.C/1629/1986 dated 03.06.1986; that as per the assignment patta granted in favour of the petitioners, the assignee makes the land fit for cultivation within a period of three (3) years as per condition No.2 of the assignment; that as per the report submitted by the GPO, Edulapuram and the Mandal Girdhawar-I, Khammam Rural, the land assigned to each petitioner was not cultivated at any point of time and that the assignee or her legal heirs have violated the assignment patta condition No.2. To substantiate his contention, he relied upon the order dated 08.09.2010 passed by this Court in W.P.No.22437 of 2010. For better understanding, the operative portion of the said order is extracted as hereunder:-

“After carefully considering the submissions of the learned Counsel for the petitioners and perusing the order of respondent No.1, I am of the opinion that while no exception can be taken to respondent No.1 holding an enquiry, so long as the pattas granted in favour of the assignees is not cancelled, their right of enjoyment cannot be interdicted. In this view of the matter, the impugned order of respondent No.1, to the extent of directing respondent No.3 to take possession, cannot be sustained. However, respondent No.1 is entitled to proceed with the enquiry and pass a final order after considering the final report of respondent No.2. Till passing of a final order, the petitioners cannot be deprived of the enjoyment of the property in question. Accordingly, the order of respondent No.1, to the extent of dispossessing the petitioners, is set aside. The petitioners, however, shall not change the physical features of the lands in question or alienate or encumber the same in any manner till completion of the enquiry and passing of final order by respondent No.1.

Subject to the above direction, the Writ Petition is disposed of.”

4. Learned senior counsel further submits that though this Court vide order dated 08.09.2010 in W.P.No.22437 of 2010 had set aside the order of respondent No.1, to the extent of dispossessing the petitioners, but however, directed the petitioners not to change the physical features of the lands in question