THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No : 23453 of 2007, WPMP No.30572 of 2007 and Contempt Case.No.1103 of 2007 COMMON ORDER: W.P.M.P.No.30572 of 2007: This petition is filed by the petitioners to grant interim suspension of the impugned notice dated 29.08.2007 issued by the 4th respondent, pending disposal of the writ petition. It is the case of the petitioners that the 1st petitioner was assigned an extent of land of Ac.1.46 cents in Sy.No.313-1 and Ac.0.99 cents in Sy.No.313-4 and the 2nd petitioner was assigned an extent of land of Ac.4.49 cents in Sy.No.313-3 and pursuant to the assignment, pattadar pass books and title deeds have been also issued and they very much staying in Madirepalli village, Duvvur mandal, Kadapa District and they have not alienated the said land in favour of anybody and there is no violation of terms and conditions of the assignment or the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act. While so, the Tahsildar, Duvvur without initiating any action either for cancellation or for resumption of the land, issued a notice dated 29.08.2007 directing the petitioners and the unofficial respondents not to enter into the said land. The said notice dated 29.08.2007 has been suspended by this Court by order dated 06.11.2007. Having regard to the facts of the case, as no counter is filed, the interim order dated 06.11.2007 passed by this Court is made absolute. It is made clear that as long as the said interim suspension is continued, neither the official respondents nor the unofficial respondents shall interfere with the peaceful possession and enjoyment of the petitioners. Accordingly, the WPMP is allowed. CONTEMPT CASE NO.1103 OF 2007: This contempt case is filed by the petitioners to punish the respondents for violation of the order-dated 06.11.2007 passed by this Court in W.P.M.P.No.30572 of 2007 in W.P.No.23453 of 2007. Heard the learned counsel for the petitioners. Perused the record. It is the case of the petitioners that even after receipt of the suspension order dated 06.11.2007 passed by this Court in W.P.M.P.No.30572 of 2007 in W.P.No.23453 of 2007 wherein the impugned notice dated 29.08.2007 issued by the 1st respondent prohibiting the petitioners and the unofficial respondents into the said land has been suspended, a letter No. N.B./181/07 dated 10.11.2007 has been addressed to the Station House Officer, Duvvur Police Station not to permit either the petitioners or the unofficial respondents to enter into the said land. Therefore, it is the case of the petitioners that the said action of the first respondent is in utter violation of the orders of this Court. A counter has been filed by the Tahsildar, Duvvur stating that prior to the receipt of the interim orders alone, the said letter has been addressed and the said interim orders have been received on 26.11.2007 and thereafter, he has not taken any further action and awaiting for final orders. Having regard to the facts of the case, it is made clear that neither the official respondents nor the unofficial respondents shall interfere with the peaceful possession and enjoyment of the petitioners as long as the said interim order is subsisting. In the circumstances of the case, as there is no specific material or incidence preventing the petitioners after receipt of the interim orders dated 06.11.2007 passed by this Court, I do not see any willful disobedience on the part of the 1st respondent and hence, the contempt case is liable to be closed. Accordingly, the contempt case is closed. WRIT PETITON NO.23453 of 2007: Learned Government Pleader appearing for the official respondents and the learned counsel appearing for the unofficial respondents submits that the impugned notice dated 29.08.2007 may be set aside keeping it open for the official respondents to take necessary action against the petitioners in accordance with law either for violation of terms and conditions of assignment patta or for violation of the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act. Having regard to the facts of the case and in view of submission of both the counsel appearing for the respondents, the writ petition is allowed setting aside the impugned order dated 29.08.2007 keeping it open for the 4th respondent to take appropriate action against the petitioners in accordance with law. But, however, as long as the assignment pattas are subsisting, valid and not cancelled, the petitioners’ right to enjoy the property shall not be interfered. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:29.02.2008 Ccm Note: C.C. within a week. B/O ccm