Bhoomaiah and Others vs The District Collector and Others

Seetharam Reddy, J.—The case of the petitioners is that they are holding their watans as sethsindhies and neeradies. While so, the Mandal Revenue Officer has issued a notification calling for applications for the posts which have been held by the petitioners on the premise that since the watans have been abolished under the A.P. Act No. 10 of 1978, they have no more any locus standi to continue as such and therefore the Government is competent to appoint in those places by calling for applications. It is this notification that is challenged. Pending disposal of the writ petition however there is a direction not to disturb the petitioners from their possessions. The contention of the learned counsel for the petitioners is that abolition of watans is only in respect of watans held by the Village Officers but not Village Servants like the petitioners holding the posts as sethsindhies and neeradies. Therefore the Mandal Revenue Officer has misconceived being under the impression that watans include even the posts held by the petitioners like sethsindhies and neeradies. I see sufficient foundation for the contention Section 2(i) of the Andhra Pradesh (Abolition) Act, 1978 defines ''watan'' as under:

"(i) watan, means a village-office together with a right to hold the property appertaining thereto held hereditarily but does not include the village-offices of sethsindhies and neeradies."

It is therefore plain from this definition that the abolition of watans is only applicable to watans held by the Village Officers and not the sethsindhies and neeradies. Hence the notification purported to have been issued by the Mandal Revenue Officer is illegal. Therefore, the respondents are restrained from acting upon and implementing the said notification by calling for applications for the purpose of appointment for the posts of sethsindhies and neeradies as it is illegal and incompetent and contrary to the statutory provisions. The writ petition is accordingly allowed. No costs. Advocate''s fee Rs. 150/-.