BANNE GANDHI Vs. DISTRICT COLLECTOR RANGA REDDY

JUDGEMENT

(1.) The petitioners are Villagers of Medipalli Village, Nakkarta Gram Panchayat of Yacharam Mandal in Ranga Reddy District. They filed the instant writ petition challenging the action of the third respondent in assigning Plot Nos.l to 22 of Medipalli Village by proceedings dated 13.9.2005 to respondents 5 to 26 as illegal and arbitrary, and for a direction to set aside the same.

(2.) The case of the petitioners in brief is that the land admeasuring Ac.0.18 guntas is classified as Grama Kantam land. The same vests in the Gram Panchayat, which allotted an extent of Ac.0.18 guntas to the petitioners during the period from 1979-2000 as per the decision of the Sarpanch at the relevant time. However, the third respondent without cancelling the allotment made in favour of the petitioners issued assignment orders in favour of respondents 5 to 26 without issuing any notice to the petitioners. The petitioners filed O.S.No.129 of 2005 on the file of the Court of the Junior Civil Judge, Ibrahimpatnam, against respondents 3 and 4 for perpetual injunction. However, they withdrew the suit and filed the present writ petition assailing the assignment made in favour of respondents 5 to 26 as violative of Articles 14 and 21 of the Constitution of India. They seek invalidation of the orders passed by the third respondent in favour of the contesting respondents.

(3.) At the stage of admission itself a counter-affidavit is filed on behalf of respondents 1 to 3, and a separate counter- affidavit is filed by respondents 5 to 26. Though adequate time was granted to the fourth respondent, no counter-affidavit is filed. However, learned Standing Counsel made submissions on behalf of the fourth respondent.