THE HON’BLE SRI JUSTICE K.SARATH

ORDER:

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

“...to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the negligent action of the Respondent Nos.3 and 4 in not complying the directions of the respondent No.2 vide L.Dis.No.E2/2142/97/2019 and E2/2142/98/2019, dated 21.05.2020 and not enquire into the matter as per the rules in force and not taking necessary action and not submitting the compliance report before respondent No.2 and not cancellation of the pattas of the land in Sy.No.143/21 and 143/22 an extent of total Ac.4-00 situated at Rejerla Village, Thallada Mandal, Khammam District, even it has been misusing by the unofficial respondents is illegal, arbitrary, contrary to the principles of the natural justice and violation of Constitution of India and consequently direct the respondent authorities to cancel the pattas/proceedings of ROR and Pahani issued in favour of Respondent Nos.5 and 6 to an extent of AC.4-00 guntas in Sy.Nos.143/21 and 143/22 situated at Rejerla Village, Thallada Mandal, Khammam District of Government/Assigned lands after due enquiry as per the directions of the respondent No.2 forthwith and pass...”

2. Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents and perused the material on record.

3. Learned counsel for the petitioners submits that the petitioners are requesting to cancel the pattas/proceedings of ROR and Pahani issued in favour of Respondent Nos.5 and 6 to an extent of AC.4-00 guntas in Sy.Nos.143/21 and 143/22 situated at Rejerla Village, Thallada Mandal, Khammam District of Government/Assigned lands after due enquiry as per the directions of the respondent No.2 forthwith.

4. Learned Assistant Government Pleader for Revenue submits that the petitioners had made application for assignment of lands but in the instant writ petition, they are seeking cancellation of assignment granted to the unofficial respondents. Without any cause of action, the petitioners have filed the instant writ petition. If the petitioners file proper application for granting assignment of lands as per the existing rules, the respondent-

authorities will consider the case of the petitioners as per their eligibility and pass appropriate order as per the existing rules in accordance with law.

5. After hearing both sides and perusing the material on record, this Court is of the considered view that the petitioners made application for assignment of land in Rejerla Village, Thallada Mandal, Khammam District but in the main prayer of the writ petition, the petitioners seeking cancellation of assignment of pattas of the unofficial respondents and the same cannot be accepted by this Court.

6. In view of the above circumstances, the present writ petition is disposed of granting liberty to the petitioners to make fresh application for assignment of land to them as per existing rules. After filing of such application, the Respondent Authorities are directed to pass appropriate orders thereon in accordance with law, as expeditiously as possible. However, there shall be no order as to costs.

7. Miscellaneous petitions, if any, pending in this Writ Petition shall also stand closed.

_____________________ JUSTICE K.SARATH Dated: 27.02.2025 BB