IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3828 of 2009 Between: Begum Nissa Khathun W/o. D.M. Khan R/o. LBS Nagar, Thippayapalem Village, Markapur Mandal, Prakasam District. ..... PETITIONER AND 1 State of Andhra Pradesh Rep. by its District Collector, Prakasam District at Ongole 2 Revenue Divisional Officer, Markapur, Prakasam District. 3 Tahsildar, Markapur Mandal, Prakasam District. ..RESPONDENTS 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in insisting the petitioner to vacate from her landed property of Ac 4.57 cents covered by Sy.No. 489 of Thippayapalem Village as illegal, irregular, without jurisdiction, arbitrary, violative of Principles of Natural Justice, Board of Revenue Standing Orders and offends Articles 14,21 and 300-A of Constitution of India and consequently direct the respondents not to evict the petitioner from her landed property. Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following : O R D E R: The petitioner claims to have been assigned an extent of Acs.4.57 cents in Survey No.489 of Thippayapalem Village in or around the year 1970. It is also stated that the petitioner was issued pattadar passbook in respect of the said land. Her grievance is that the respondents are trying to resume the land, on the ground that she is not residing in the Village, and that no proceedings have been initiated in this regard. Heard learned counsel for the petitioner and leaned Government Pleader for Revenue. In case the assignment made in favour of the petitioner over the land, in question, is in force, the respondents cannot interfere with her possession. If it is found that the land is liable to be resumed to the Government, for any reason, the proceedings under the relevant provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 are to be initiated. The petitioner asserts that no proceedings have been initiated so far. Hence, the writ petition is disposed of, directing that the respondents shall not interfere with the possession and enjoyment of the petitioner over the land in Survey No. 489 of Thippayapalem Village, without following the procedure prescribed by law. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated 26th February, 2009 Note: Furnish C.C in three (3) days vrn