K. Ramaswamy v. The District Collector

HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

WRIT PETITION No. 18836 of 2010

ORDER:

Heard learned counsel for the petitioners and Government Pleader for Revenue. With the consent of both the parties, the main writ petition is heard at the admission stage itself.

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the Auction Notification No. B/1552/2010 dated 24.07.2010 issued by the second respondent, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice.

The averments made in the affidavit filed in support of the writ petition are as under:

The petitioner Nos.1 to 4 claim themselves to be pattadars and possessor of agricultural land admeasuring Ac.1.00 in Sy.No.54/1, Ac.1.00 in Sy.No.54/A, Ac.3.00 in Sy.No.54/3 and Ac.1.00 in Sy.No.54/2, situated at Mothkoor Village, Doma Mandal, Ranga Reddy District, respectively. It is stated that the revenue authorities also issued pattadar pass books and title deeds in favour of the petitioners. It is stated that the petitioners undertaken the agricultural operations by leveling the land for the purpose of cultivation, they have removed certain land from their field and kept aside the same to protect the rain water. The said soil is not connected with the kunta or revenue authorities. While so, the second respondent assessed the quantity of Chelka soil available near Ravikunta approximately six loads treating the same as sand and issued paper notification vide Proc.No.1552/10 dated 24.07.2010 for public auction stating that interested persons shall visit Ravikunta, Mothkoor Village and file