IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8593 of 2008 Between: A.Guntteppa S/o. A.Roshappa R/o. Dasardoddi, Makthal ( M ), MAhaboobnagar District. ..... PETITIONER AND 1 The Tahsildar, Makthal (M), Mahaboobnagar District. 2 Peer Ahmed S/o. Ali Sab R/o. Mahaboobnagar, Mahaboobnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of Mandmus declaring the proceeding issued by th e1st respondent B/464/2007, dated 11-03-2008 as illegal, and arbitrary and pass Counsel for the Petitioner:MR.MOHD.GULAM RASOOL Counsel for the Respondent No.1: GP FOR REVENUE The Court made the following : ORDER: The petitioner questions the order, dated 11.03.2008 passed by the first respondent-Tahsildar whereunder he was directed to hand over the possession of the land of an extent of Ac.5.00 cents in Sy.No.145/3 to the assignee’s son viz. Peer Ahmed son of Ali Sab, as the said land was originally assigned in favour of the second respondent’s mother. If the petitioner is in illegal possession of the assigned land, it is always open to the first respondent to initiate proceedings under the A.P. Assigned Lands (Prohibition of Transfers) Act for restoration of the possession in favour of the original assignee or the legal heirs of the original assignee. It is also open to the first respondent to resume the said land if there is any violation of the provisions under the A.P. Land Encroachment Act. But, it is not open to the first respondent to invoke the provisions of the Land Encroachment Act as it is not a government land. In the instant case, even according to the first respondent, the said land is an assigned land. That being so, the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act alone will apply, but not the A.P. Land Encroachment Act. Having regard to the facts of the case, the writ petition is allowed setting aside the impugned order passed by the first respondent keeping it open to the first respondent/Tahsildar to take appropriate action in accordance with the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:19.04.2008 Ccm Note: Furnish C.C. by Monday. B/O ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}