IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5255 of 2008 Between: 1 A. Venugopal S/o. A. Peddanna, R/o. H.No.4-149-99-B, Teachers Colony, Dhone, Kurnool District. 2 Smt. Padmavathamma, S/o. D. Nagaraju R/o. H.No.4-149-102-2, Teachers Colony, Dhone, Kurnool District. 3 Pinjari Bashu S/o. P. Mahboob Saheb, R/o. Kothapeta - Dhone, Kurnool District. ..... PETITIONER(S) AND The Tahsildar, Dhone Mandal, Kurnool District. .....RESPONDENT 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 of Mandamus or any other appropriate writ declaring the action of respondents in trying to disposses the Petitioners from their lands in Sy.Nos.164/2, and 493/3b to an extent of Acres 1.40 cents each of 1st and 2nd petitioners and Acres 3.00 of 3rd petitioner without conducting any enquiry and passing of any order under Sub-Section (1) of Section 4 of A.P. Assigned Lands (Prohibition of Transfers) Act 1977 as illegal, arbitrary, violative of provisions of Act 1977 and against the principles of Natural jusice and grant such other relief Counsel for the Petitioner:MR.SHAFATH AHMED KHAN Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5255 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the respondents in trying to dispossess the petitioners from land admeasuring Ac.1.40 cents and Ac.3.00 in Survey numbers 1064/2 and 493/3B respectively, without conducting any enquiry and without passing any orders under section 4 (1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 as illegal and arbitrary. The petitioners claim that they are the absolute owners and possessors of subject land having purchased the same under a registered documents bearing No. 3946/2006 and 3945/2006 dated 27.12.2006 respectively. The petitioners allege that though their lands are not assigned lands, the respondent issued a show cause notice dated 1.2.2008 under Rule 3 of A.P. Assign Lands (Prohibition of Transfers) Rules, 2007 alleging contravention of provisions of the Act and calling for explanation. On receipt of the said show cause notices, the petitioners have submitted their explanation on 14.2.2008. Now the grievance of the petitioner is that having received the explanation, the respondent without conducting any enquiry and passing orders, is trying to dispossess them illegally. Hence , the present writ petition. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage. Since the petitioners have already submitted their explanation on 14.2.2008 to the show cause notice dated 1.2.2008, I deem it appropriate the direct the respondent to consider the explanation submitted by the petitioners and to pass final orders in accordance with law and till then not to evict the petitioners from the subject land. Subject to above, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 12.3.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5255 of 2008 Date: 12.3.2008