THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.3560 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not considering the representation of the petitioner for assignment of lands as arbitrary, illegal and consequently direct the respondents to conduct a detailed enquiry by giving notice and considering the representation of the petitioner for assignment of lands to an extent of Ac.1.50 cents in Sy.No.456-1A, Ac.0.14 cents in Sy.No.456-1-27, Ac.0.30 cents in Sy.No.449/2, Ac.0.50 cents in Sy.No.452/1 and Ac.1.05 cents in Sy.No.452/2 totalling Ac.3.49 cents situated at Gudipallipadu village, Nellore Rural Mandal, Nellore district. It is the case of the petitioner that he has purchased the land to an extent of Ac.3-49 cents in Gudipallipadu village, Nellore Rural Mandal, Nellore district in the year 1982 and since then he has been in possession and enjoyment of the same and his name was also entered in the revenue records and the pahani for the year 1991 also shows his name in possession column. While that being so, according to the petitioner, the respondents have inspected the lands and threatened to dispossess the petitioner from the subject land. Hence this writ petition. The respondents have filed a detailed counter denying the allegations made by the petitioner and stating that the subject land is a part of Cooperative Joint Farming society, for which the second respondent is the Chairman and is continued to be the pattadar of the said land. Neither the petitioner has purchased the land nor he is in possession of the property. The subject land was already resumed to the Government on 28.9.2004 and the same has been assigned in favour of eligible third parties. Therefore, the possession of the petitioner over the subject land, if any, is illegal and contrary to condition No.5 of CJFS. May be, petitioner was in possession of the property contrary to condition No.5 of CJFS, but admittedly, petitioner was not put on any notice before passing the resumption orders. May be the subject land was part of Cooperative Joint Farming Society, but the 10(1) adangal of the village for the year 1991 shows the name of the petitioner. The respondents ought to have invoked the provisions of Land Encroachment Act treating the petitioner as in illegal possession of the land, but that was not done. Therefore, the attempt made by the respondents for dispossessing the petitioner is arbitrary, illegal and liable to be deprecated. Apart from that, as noticed above, petitioner himself filed an application seeking assignment of land in his favour claiming to be landless poor person. Under those circumstances, the writ petition is disposed of directing the respondents to invoke appropriate provisions of law, if so advised, for dispossessing the petitioner from the subject land if the petitioner is found to be in illegal possession and if he is not entitled for assignment of land as a landless poor person, as per rules. No order as to costs. ______________ C.V.RAMULU, J Date: 20.1.2011 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.3560 of 2005 20.1.2011 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.3560 of 2005 Date: 20th January, 2011 Between: Md.Nazeer Ahmed .. Petitioner And The District Collector, Nellore and others. .. Respondents