HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5469 of 2008 Date : 16.08.2011 Between : Harijana Yerri Nagappa. …..Petitioner And The Tahsildar, Kuderu Mandal, Anantapur District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5469 of 2008 ORDER : This writ petition is filed with the prayer, which reads as under : “to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in dispossessing the petitioner from the land to an extent of Ac.3.00 in Sy.No.354/2 of Kuderu Villagle and Mandal, Anantapur district without issuing any notice or passing any order is illegal, arbitrary and in violation of principles of natural justice and in violation of Art.14 and 21 of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the land to an extent of Ac.3.00 in Sy.No.354/2 of Kuderu village and Mandal, Anantapur District without following due process of law”. It is the case of the petitioner that his forefathers were in possession of 5 acres of land covered by Sy.No.354/2 of Kuderu village and Mandal and that he came into possession to an extent of 3 acres, after the demise of his father. It is stated that out of the total land of 5 acres, 2 acres was already taken possession by the Government and allotted for construction of Police quarters and he continued to be in possession in the remaining 3 acres, and inspite of the same, respondents are trying to evict him without following due process of law. A detailed counter affidavit is filed by the Tahsildar of Kuderu Mandal. In the counter, it is stated that originally, an extent of Ac.5.05 cents of land was allotted to Harijana Sunkappa, who has gifted it to his last son by name Obulesu by document No.3253/1967, dated 02.08.1967. Later, the said land was resumed by the Government vide proceedings No.394/91, dated 27.02.1991, by assigning alternate land to Obulesu, to an extent of Ac.5.03 cents, vide Proceedings D.A.R.Dis.No.699/1401, dated 16.06.1992. It is stated that after taking possession of 2 acres out of Ac.5.05 cents of land by the Government, petitioner has encroached into the remaining land and raised groundnut and tender tamarind plants in an extent of 3 acres. It is further averred in the counter that the petitioner has no right or claim over the land in question and it is stated that the wife of the petitioner by name Smt.Padmavathi was also assigned 2 acres of land in Sy.No.323/9. In this case, it is to be seen that though there is an assignment initially in an extent of 5 acres in favour of Harijana Sunkappa, his last son came into possession by way of gift from the original assignee for the entire extent of land, which was also resumed as early as in 1995 by allotting alternate land to an extent of Ac.5.03 cents on 16.06.1992. When alternate land is already given in an extent of Ac.5.03 cents to one of the sons of the original assignee by name Obulesu, the petitioner cannot claim any right over the remaining 3 acres. In any event, it is to be noticed that there is no material to show that the petitioner was in possession of 3 acres of land, as pleaded by him. It is further to be noticed that assignment is also made in favour of the wife of the petitioner to an extent of 2 acres in Sy.No.323/9. For the aforesaid reasons, I do not find any merit in the writ petition for grant of directions as prayed for. Writ petition is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 16th August 2011 ajr