THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1021 of 2008 DATED:25-01-2008 BETWEEN: Naguri Khader & 2 others. ..... PETITIONERS AND The Principal Secretary, Revenue, Government of A.P., Secretariat, Hyderabad & 3 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the respondents in acquiring the land to an extent of Ac.1.24 cents in Sy.No.522/2 of Rayachoty mandal, Kadapa District belonging to the petitioners without following due process of law, as illegal, and arbitrary. 2. It is the case of the petitioners that they have purchased an extent of Ac.1.24 cents in Sy.No.522/2 of Rayachoty mandal, Kadapa District vide registered sale deed, dated 17-06-2006, from one Veerampalli Venkata Chalapathi and after the said purchase, the 4th respondent-Tahsildar, Rayachoty mandal issued Form-II notices to the petitioners in Ref.No.B/386/07, dated 23-10-2007, calling upon them to submit explanation within fifteen days as to why the said land of an extent of Ac.1.24 cents in Sy.No.522 /2 of Rayachoty mandal shall not be resumed on the ground that the said land is an assigned land and the land assigned in favour of the landless poor is not alienable but only inheritable. It is stated that the petitioners submitted explanation, and even before passing any final orders resuming the lands under the provisions Section 4(1) (a) of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’) , the said lands are sought to be distributed to the landless poor towards house sites. Hence, the present Writ Petition. 3. Learned Government Pleader, on obtaining instructions, submits that despite serving Form-II notices petitioners failed to offer any explanation to the said notices, and the other allegation that the petitioners are sought to be dispossessed without passing any final order is denied. 4. Having regard to the facts and circumstances, as admittedly final orders have not been passed as on date, Writ Petition is disposed of directing the 4th respondent-Tahsildar, Rayachoty mandal, Kadapa District not to dispossess the petitioners until final orders are passed pursuant to the notice in Ref.B.386/07, dated 23-10-2007, under Section 4(1)(a) of the Act and the said orders are communicated to the petitioners. There shall be no order as to costs. _________________ V.ESWARAIAH,J 31st January, 2008. Tsy