IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27 of 2009 Between: 1 Md.Noorulla S/o.Md.Sattar H.No.4-2-46/1, Sherelli Street, Gadwal, Mahabubnagar District. 2 Md.Akthar S/o.Md.Hussain H.No.6-2-86/2, Momin Mohalla, Gadwal, Mahabubnagar District. ..... PETITIONER(S) AND 1 Government of Andhra Pradesh rep. by its Prl. Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Mahabubnagar District, Mahabubnagar. 3 The Revenue Divisional Officer, Gadwal, Mahabubnagar District. 4 The Tahsildar, Gadwal, Mahabubnagar 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 may be pleased to issue a writ order or order more especially one in the nature of Writ of Mandamus declaring the action of the respondents in trying to resume private patta lands of the petitioners without giving any opportunity, admeasuring Ac.17.27 guntas in S.No. 232 of Melacheruvu Village of Gadwal Mandal, Mahabubnagar district as illegal, arbitrary capricious violation of principles of natural justice and consequentially direct the respondents not to dispossess the Petitioners from the lands admeasuring Ac.17.27 guntas in S.No. 232 of Melacheruvu Village of Gadwal Mandal, Mahabubnagar district. Counsel for the Petitioners: MR.RAVI SHANKAR JANDHYALA Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27 of 2009 ORDER: Heard. It is the case of the petitioners that they purchased the land admeasuring Ac.17-27 gts. in Sy.No.232 situated at Melacheruvu Village, Gadwal Mandal, Mahabubnagar District, vide registered sale deed, dated 24-01-2008 for a valuable consideration from their pattadars viz., Venkata Ramulu, Sunkanna and others. It is stated that the said land is not a government land or assigned land, but it is a patta land and, therefore, there is no prohibition for transfer of the said land under the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, as amended by Act 8 of 2007. While so, respondents 3 and 4 are threatening to dispossess the petitioners from the land in question stating that the said land is an assigned land, even though it is a private land. I am not inclined to express any opinion as to whether the land in question is an assigned land or Government land or private land, whether the vendors of the petitioners have got any right, title and interest over the land in question and whether the transfer of the said land is in violation of the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, as amended by Act 8 of 2007. However, the petitioners without making any representation with regard to the alleged action of respondents 3 and 4 in threatening to dispossess the petitioners from the land in question, without following the due process of law, I do not see any justification on the part of the petitioners in approaching this court under Article 226 of the Constitution of India. However, it is open for the petitioners to make a representation before respondents 1 and 2 about the alleged action of respondents 3 and 4 in threatening to dispossess the petitioners from the land in question. If any such representation is made, the same may be considered and disposed of in accordance with law. In fact, if the land in question is an assigned land, it is open for the respondents to initiate action under the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, as amended by Act 8 of 2007, if not already initiated, and take appropriate action in accordance with law. But, however, without following the due process of law, the petitioners shall not be dispossessed from the land in question. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 07-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}