THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.792 of 2005 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in seeking to evict the petitioner from his dry lands admeasuring Ac.2.93 cents in Sy.No.95 and Ac.4.89 cents in Sy.No.96 situated in Thotla Cheruvupalli village, Varikuntapadu Mandal, Nellore District, without issuing any notice or opportunity of being heard, as arbitrary and illegal, and a consequential direction to the respondents not to dispossess the petitioner from his lands. According to the petitioner, himself and two others have jointly purchased the dry lands in an extent of Ac.2.93 cents in Sy.No.95 and Ac.4.89 cents in Sy.No.96 of Thotla Cheruvupalli village, Varikuntapadu Mandal, Nellore District, in the year 1995, and since then, they have been in peaceful possession and enjoyment of the said lands. The grievance of the petitioner is that the respondents, alleging that the lands purchased by him are assigned lands, are trying to evict him from his lands, without issuing any notice and without providing an opportunity of hearing to him. Hence, this writ petition is filed seeking the aforesaid relief. Respondents filed a detailed counter affidavit stating that the lands in question are assigned lands and the petitioner purchased the same in contravention of the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. It is also stated that notice was issued to the petitioner, but it was not served to him as he was not residing in the village and, therefore, the respondent has taken out notice by substituted service, to which the petitioner has not offered his explanation. It is further stated that notice was served on the son of the original assignee and that, after conducting the panchanama, the respondent passed resumption orders on 10.09.2004 and taken possession of the subject lands. From the averments made in the counter affidavit, it is clear that for the purpose of invoking Section 3 (1) of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, no notice was personally served to the petitioner, who is alleged to have purchased the assigned lands, and that the petitioner was not aware of the proceedings initiated against him. In these circumstances, the impugned action of the respondents in trying to evict the petitioner from the agricultural lands admeasuring Ac.2.93 cents in Sy.No.95 and Ac.4.89 cents in Sy.No.96 situated in Thotla Cheruvupalli village, Varikuntapadu Mandal, Nellore District, is deprecated. Accordingly, the writ petition is allowed. However, it is made clear that this will not preclude the authorities from taking appropriate action as per law, after serving due notice on the petitioner. No order as to costs. _____________ C.V.RAMULU,J 18.11.2010 v v