THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27997 OF 2007 DATED: 29-01-2008 BETWEEN Akkem Anjaiah, S/o. Late Veeraiah, Occ: Agriculture, R/o. Mailardevupalli Village, Rajendranagar Mandal, Rang Reddy District and another. …PETITIONERS AND The Land Acquisition Officer & Special Deputy Collector (L.A.), International Airport, Shamshabad, Ranga Reddy District and another. …RESPONDENTS ORDER: Petitioners submit that they are the owners and possessors of the agricultural land of an extent of Ac.10.34 guntas in Sy.No.67/2 of Jalpalli Village, Saroornagar Mandal, Ranga Reddy District having purchased the same vide registered sale deed dated 17.02.1967 vide Document No.426/67 and the said land was also mutated in their names. While so, the petitioners submit that in the last week of November 2007 the Tahsildar, Saroornagar Mandal, along with his staff surveyed the land without giving any notice and again came on 17.12.2007 and attempted to interfere with their possession. Therefore, the grievance of the petitioners is that their possession cannot be interfered with depriving their right to enjoy the said property without following due process of law. 2. This Court while adjourning the matter for getting instructions directed to maintain status quo with regard to possession as on 31.12.2007. Counter has been filed on behalf of the respondents 1 and 2 stating that along with the land in Sy.No.67/1 & 2 some other lands admeasuring Ac.27.29 ¾ guntas situated at Jalpalli Village, Saroornagar Mandal are sought to be acquired under the Land Acquisition Act for the development of P7 road from Mailardevpally to Srisailam Road via Jalpally. Accordingly, the acquisition proposals have been submitted on 25.01.2007 to the District Collector. Insofar as the land in question is concerned it is stated that the said land is classified as “Sarkari Kharij Khatha” and the said land was assigned in favour of one M. Shareef Sab in the year 1955-58 (as per Sesala). The petitioners purchased the said assigned land, which is not alienable but inheritable and therefore, it being an assigned land, there is no need to acquire the said land under the land acquisition proceedings and the respondents are contemplating to initiate proceedings under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). 3. I am not inclined to express any opinion with regard to the contentions of either party as to whether the said land is assigned land or Government land or private land. However, if any action has been initiated or yet to be initiated under the provisions of the Act, it is always open to the petitioners to establish that it is not an assigned land and that the said land cannot be resumed. As the only grievance of the petitioners is that they cannot be deprived of their right to enjoy the said property without following due process of law, the writ petition is disposed of directing the respondents not to dispossess the petitioners without following due process of law. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 29, 2008 DSK