THE HONOUABLE SRI JUSTICE V.ESWARAIAH W.P. No. 2558 of 2008 Date:11-02-2008 Between: Konda Adilakshmamma and another .. PETITIONERS AND The State of A.P. rep. by its Principal Secretary to Revenue Dept., Hyderabad and three others .. RESPONDENTS ORDER: The petitioners 1 and 2 herein question the Form No.II under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, issued in proceedings in Roc.A/39/2001, dated 25.01.2008. The said show cause notices have been issued to the petitioners directing them to submit their explanations within 15 days as to why they shall not be summarily evicted from the assigned lands. The notice issued to the first petitioner was in respect of the land in an extent of Ac.1.30 cents in Sy.No.540/1 which was originally assigned in favour of Kakasi Dasaiah vide DKT No.2170/SEP, dated 15.02.1924 and an extent of Ac.0.55 cents in Sy.No.542/1B which was originally assigned in favour of Kakasi Chinnasami vide DKT No.2170/SEP, dated 15.02.1924. It is stated that the said land has been transferred/alienated vide sale document No.1202/63, dated 02.09.1963 and document No.814, dated 01.07.1999. The notice issued to the second petitioner was in respect of the land in an extent of Ac.1.19 cents and Ac.1.91 cents in Sy.Nos.542/1 and 543/2 which were originally assigned in favour of Kakasi Chinnasami and Kakasi Muthigadu and others respectively vide DKT No.2170/SEP, dated 15.02.1924, but they have sold the said lands to K.Venkatrama Reddy vide Document No.3005/63, dated 02.09.63 and Document No.516, dated 10.06.92, Document No.190/70, dated 16.03.70 and Document No.516, dated 10.06.92. It is stated that the petitioners have not filed any explanations to the said show cause notices, dated 25.01.2008, but chosen to question the said notices in this writ petition contending that they are the absolute owners and possessors of the said land having purchased the same from the vendors and there was no condition imposed in the DKT pattas prohibiting the alienation of the said land. Therefore, the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act (for short “the Act”) have no application. It is stated that there is no violation of any of the provisions of the said Act and therefore, issuance of the show cause notices is illegal and contrary to the judgments of this Court. Learned counsel appearing for the petitioners relied on the judgment of this Court in SHYAM SUNDER v. GOVERNMENT OF ANDHRA PRADESH AND OTHERS[1]. A perusal of the said judgment goes to show that what was questioned in the said writ petition was the cancellation order passed by the Mandal Revenue Officer canceling the assignment after issuing the show cause notices and after considering their explanations. In the instant case, the impugned notices are only show cause notices but not the final orders and therefore, it cannot be said that the petitioners are entitled to question the show cause notices without submitting their explanations. The other judgment relied on by the learned counsel for the petitioners is in A.P. STATE ELECTRICITY BOARD EMPLOYEES UNION, CHITTOOR DISTRICT v. JOINT COLLECTOR, CHITTOOR AND OTHERS[2]. In the said case also, having regard to the facts of that case, as the R.D.O. has not passed the said order under the provisions of the Act, but the said order has been passed under A.P. Rights in Land and Pattadar Passbooks Act, 1971, the said order was set aside keeping it open to the respondents to pass orders afresh after giving reasonable opportunity to the petitioners therein. As per the Full Bench judgment of this Court, the lands assigned in favour of the landless poor are not alienable and there is a permanent prohibition of alienation of the lands assigned in favour of the landless poor. In the instant case, whether the original assignment made in favour of the landless poor was with a condition not to alienate the same, but only inheritable, are all matters of enquiry to be conducted by the competent authority i.e. the Mandal Revenue Officer after issuing notices under Section 3 of the Act and Rules. Therefore, I am of the opinion that the petitioners, without submitting their explanations to the impugned show cause notices issued by the 4th respondent, are not entitled to question the same by way of this writ petition. Accordingly, the writ petition is dismissed. However, if no final orders are passed by this date, the petitioners are permitted to file their explanations to the show cause notices issued by the 4th respondent, within a week from the date of receipt of a copy of this order. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:11.02.2008 Note: Furnish C.C. within two days. B/O Ccm [1] 2001 (5) ALD 766 [2] 2008(1) ALD 29