THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.600 OF 2008 DATED: 21-01-2008 BETWEEN Ahmed Abdul Nayeem, S/o. Late Ahmed Abdul Khayyum, Occ: Business, R/o. H.No.12-2-831/36, MIGH Colony, Mehdipatnam, Hyderabad. …PETITIONER AND The Collector, Ranga Reddy District, Khairtabad, Hyderabad and others. …RESPONDENTS ORDER: Petitioner submits that he purchased an extent of Ac.1.00 guntas in Sy.No.124/ situated at Gopanpally Village, Serilingampally Mandal and Municipality, Ranga Reddy District vide registered sale deed bearing Document No.9008/1998 dated 16.11.1998 from Manney Sathamma and others and it is not an assigned land or Government land. While so, the revenue officials encroached upon the said land and attempted to demolish the outer wall on 16.01.2008 and threatened the petitioner to vacate the said land claiming that it is classified as Government land. 2. On the other hand, the learned Government Pleader submits that the said land was assigned to Gaddam Pochaiah, he being a landless poor, and the said assignee alienated the said land. Therefore, the vendors of the petitioners have no right, title or interest to alienate the said land and the petitioner has no right to purchase the said land. He further submits that as the petitioner is found in possession of the said land and as the said alienation is in violation of the provisions of the sub-section (1) and (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), the petitioner was prevented from making any structures on the said land. 3. I am of the opinion that if the petitioner is found in illegal possession of the said land under the provisions of the Act, unless the Government resumes the land under the provisions of the Act taking over the land including the structures, the respondents cannot interfere even with the illegal possession of the petitioner. Therefore, if the petitioner is found in illegal possession, it is for the Government to take appropriate action to resume the land if it is an assigned land and to remove the encroachment, if it is a Government land, under the Andhra Pradesh Land Encroachment Act. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioner without following due process of law. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 21, 2008 DSK