THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :23102 of 2007 DATED:17-01-2008 BETWEEN: Smt.K.M.Bhagya Laxmi & another. ..... PETITIONERS AND The Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad & 5 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners; learned Government Pleader of Home, learned Government Pleader for Revenue; and the learned Government Pleader for Irrigation and Common Area Development appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the impugned proceedings of the 4th respondent in Rc.No.B/1316/2004, dated 07-06-2005, as confirmed by the 3rd respondent in D.Dis.(D2) 764/20, dated 04-03-2006, as appealed by the 2nd respondent D.Dis.(E1) 5800/2006, dated 31-03-2007, as illegal, and arbitrary. 3. It is the case of the petitioners that they have purchased an extent of Ac.0.83 cents each in Sy.No.112-3F and 112-3G respectively situated at Somuladaddi village, Ananthapur mandal and District from one Katta Nagabhushanam vide registered sale deeds in document Nos.12517/03 and 12516/03, dated 23-12-2003. The said land was purchased after verifying the revenue records and the name of the said Nagabhushanam was entered in the revenue records as pattadar. It is stated that even assuming that the said lands are assigned lands, as the said Nagabhushanam was a landless poor, the sale of the land by the original assignee in favour of the said Nagabhushanam is exempted under Section 3(5) of the A.P.Assigned Lands (Prohibition of Transfers) Act ( for brevity, ‘the Act’) and therefore, the said lands cannot be resumed and accordingly petitioners question the order of the 4th respondent- Mandal Revenue Officer, Ananthapur, dated 07-06-2005, which was confirmed by the 3rd respondent-Revenue Divisional Officer, Ananthapur in proceedings, dated 04-03-2006, and by the Joint Collector by order, dated 31- 03-2007. 4. A perusal of the order of the 4th respondent, dated 07-06-2005, goes to show that admittedly the land of an extent of Ac.0.83 cents each in Sy.No.112-3G and 112-3F was assigned in favour of one Harijana Hanumanthu and Harijana China Narayana vide D.A.R.Dis.No.33/85, dated 02-03-1976, and the original assignees alienated the said land in favour of the said Nagabhushanam through a registered sale deed and the petitioners herein inturn purchased the said land from Nagabhushanam by registered sale deed, dated 23-12-2003. It is stated that the said Nagabhushanam possessed Ac.66.08 cents of property including the assigned land and therefore, the vendor of the petitioners is not entitled to the benefit under Section 3 (5) of the Act as he is not a landless poor. Accordingly, the said land was ordered to be resumed under Section 4(1) (a) of the Act. As against the said orders petitioners filed an appeal before the 3rd respondent-Revenue Divisional Officer, Ananthapur, and the 3rd respondent by his order, dated 04-03-2006, in D.Dis.No.746/06 dismissed the appeal against which the petitioners availed another remedy before the Joint Collector, and the Joint Collector by order, dated 31-03-2007, dismissed the appeal holding that admittedly the said land is an assigned land and the original assignees alienated the said land in favour of the vendor of the petitioners, and the petitioners purchased the said assigned land and the vendor of the said land is not a landless poor and therefore petitioners are not entitled to retain possession of the said land. 5. A perusal of the orders passed by the respondents 3, 4, and the Joint Collector go to show that the said orders do not suffer from any infirmity as there is no dispute with regard to nature of the land, and admittedly the said lands are assigned lands and in contravention of the aims and objects of the Act, the said lands have been alienated and therefore, petitioners are not entitled to be in possession of the said lands and the respondents rightly passed the resumption orders to resume the said lands. 6. Accordingly, Writ Petition is dismissed. No order as to costs. _________________ V.ESWARAIAH,J 17th January, 2008. Tsy