THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.18150 of 2008 Dated: 08.09.2010 Between: Sri U. Ramachandra Reddy … Petitioner And 1. The District Collector, Rangareddy District., And 2 others. … Respondents THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.18150 of 2008 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents in seeking to dispossess the petitioner from the land measuring Ac.1.00 guntas situated in Sy.No283/20 of Abdullapur Village, Hayathnagar Mandal, R.R. District is arbitrary and illegal. It is pleaded by the petitioner that he is the absolute owner and possessor of the said Ac.1.00 guntas of land having purchased the same under a Registered Sale Deed, dated 25.4.2005 from one Gunde Babaiah. While relying upon the proceedings of the Revenue Divisional Officer dated 27.10.1993 it is claimed that the land situated in Sy.Nos.283/1 to 59 and Sy.Nos.284/1 to 33 of Abdullapur Village, Hayatnagar Mandal was implemented in Jamabandi of 1987-88 as Patta and therefore the petitioner acquired absolute rights of ownership under the registered sale deed dated 25.4.2005. In the counter-affidavit filed on behalf of the respondents, it is stated that the land in Sy.No.283 of Abdullapur village was classified as ‘Kancha Sarkari’ and the said land was assigned to the villagers long back and the petitioner’s vendor Gunde Babaiah was one of the assignees. It is further stated that as the said assigned lands were transferred to several third parties in contravention of the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (Act No.9 of 1977), the Government had resumed the lands and handed over to the A.P. Housing Board for construction of houses for weaker sections under Rajiv Gruha Kalpa Programme under Urban Permanent Housing Scheme and therefore the petitioner cannot claim any right or title in respect of the land in question. I have heard the learned counsel for both the parties. At the outset, it is to be noted that the petitioner had earlier filed W.P.No.10278 of 2006 on the basis of the very same set of facts and seeking a declaration that the action of the respondents in threatening to dispossess him from the land in Sy.No.283/20 to an extent of Ac.1.00 guntas at Abdullapurmet Village was arbitrary and illegal. Having taken note of the stand of the respondents that the land was assigned land and it was resumed following the due process under the Act No.9 of 1977, the said writ petition was disposed of by order dated 9.6.2006 holding as under : “The resumption order was passed by the MRO on 25.7.2005, more than a year back. Whether the land, which was purchased by the petitioner from Gunde Babaiah, is patta land or assigned land is a matter, which has to be verified with reference to the record and after examining the genuineness of certain records. These disputed matters cannot be adjudicated in a writ petition. The petitioner, however, has efficacious alternative remedy by way of appeal to the jurisdictional RDO under Section 4A of the Act and therefore he is given liberty to approach the appellate authority. Be it also observed that as and when such appeal is preferred before the jurisdictional RDO, the appeal may be entertained and appropriate orders may be passed within two months from the date of presentation of the appeal.” In view of the said order, this writ petition for the very same relief is not maintainable at all. Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to work out the remedy of appeal in terms of the liberty granted by this Court in W.P.No.10278 of 2006, dated 9.6.2006. No costs. _____________ G. ROHINI, J. Date: 08.09.2010 gbs