THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1373 of 2008 Between: Dr.Shaik Dade Sahib. .. PETITIONER and The Principal Secretary, Revenue and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1373 of 2008 ORDER: It is the case of the petitioner that his father late Nanne Saheb was assigned the land admeasuring Ac.6-89 cents in Sy.No.522/1 situated at Rayachoty Taluq and Village, Kadapa District, vide D.K.T.No.1/59 and the father of the petitioner made the said land fit for agricultural purpose. After his death, the petitioner is in continuous possession and enjoyment of the said land. While so, the 3rd respondent issued a notice in Ref.No.E/1785/07, dated 10-01-2008, stating that the said land is required for the purpose of distributing to the houseless poor persons. It is further stated that as per condition No.17 of D-Form patta, if the land is required for public purpose, it can be resumed and accordingly, objections were called for. Pursuant to the said notice, the petitioner filed an explanation on 17-01-2008. It is stated that without considering the said explanation and without passing any final orders, the said land is sought to be resumed and it was also published in the local newspaper of Surya Daily of Kadapa edition on 19-01-2008 stating that the lands in Sy.No.522 were proposed to be allotted to the houseless poor persons under Indiramma scheme. Learned counsel appearing for the petitioner submits that the land assigned 60 years back, cannot be resumed even for public purpose. On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that as per condition No.11 of D- Form patta, if the land is required for public purpose, it can be resumed. But, however, the petitioner is entitled for ex-gratia as provided under G.O.Ms.No.1307, dated 23-12-1993. As per the judgment of this Court in P.MALLAIAH Vs. GOVERNMENT OF ANDHRA PRADESH[1] this court held that such assignees of DKT patta holders, whose lands have been resumed for the public purpose, are entitled to claim compensation as per the provisions of the Land Acquisition Act, that is to say, solatium, additional compensation and interest. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to interfere or dispossess the petitioner from the land in question, till final orders are passed, pursuant to the notice, dated 10-01-2008, and without paying compensation as per the provisions of the Land Acquisition Act, that is to say, solatium, additional compensation and interest. No costs. ___________ 29-01-2008 Prv [1] 2006 (3) ALD 148