IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15638 of 2005 Between: Banoth Purnachander S/o. B. Bheem Singh Thandur (M), R.R.District. Rep.by his GPA Holder Sri B. Bheem Singh S/o. B. Laxman, aged 54 yrs, OCc: Govt. Employee R/o. Shanti Nagar, Thandur. ..... PETITIONER AND 1 The District Collector Ranga Reddy District Lakdi-Ka-Pool Hyderabad. 2 The Revenue Divisional Officer Vikarabad Division Vikarabad 3 The Mandal Revenue Officer Yallal (Village) at Yallal Ranga Reddy 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 will be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 3 in evicting the petitioner from the land measuring Ac.3.10 gts out of Sy.No.52/11 situated at Kokat (V), Yallal (M), R.R.District without following due process of law as arbitrary, illegal and without jurisdiction and consequently them direct not to dispossess the petitioner from the said land and pass appropriate orders in the interests of justice. Counsel for the Petitioner: MR.N.VASUDEVA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: (per Sri A. Gopal Reddy, J) The petitioner who was assigned an extent of Acs.3.10 cents of land in Survey No. 52/11 situated at Kokat Village, Yallal Mandal, Ranga Reddy District filed this writ petition questioning notice No.B/531/2005 dated 03-03-2005 issued in Form-I, According to the petitioner, an extent of Acs.3.10 guntas of land in Survey No. 52/11 situated at Kokat Village, Yallal Mandal, Ranga Reddy District was assigned in his favour vide Certificate No.C/44/1996, dated 9-3-2000, as the said land was under the cultivation of the petitioner and his family members even prior to the date of assignment. Pursuant to the grant of assignment patta, the land was also mutated in his name and accordingly, title deed and pattadar passbook were issued in his favour. While so, the above notice was issued under Section 3 (2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 (for short, ‘the Act’) calling upon the petitioner to show cause as to why he should not be summarily evicted from the land in question. Normally, this Court will not entertain writ petition against show cause notice. But since Section 3 (2) of the Act has no application to the facts of the case as the petitioner has not transferred the land by way of sale, lease, exchange or otherwise, the issuance of show cause notice is without jurisdiction. This Court while admitting the writ petition granted stay on 19- 07-2005. The respondents filed counter affidavit along with a vacate stay petition stating that the petitioner is not entitled for assignment as his parents are government employees and also in view of the fact that an extent of Acs.8.36 guntas of land is in his name as on the date of assignment. It is also stated that he was studying B.Tech as on the date of assignment. In para 7 of the counter affidavit, they have categorically stated that after conducting enquiry, proposals were submitted to the District Collector, Ranga Reddy District, the 1st respondent herein under Section 166-B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli for cancellation of the assignment which was irregular and made on the mis-representation of the petitioner and the impugned show cause was withdrawn. It is also stated that the petitioner will not be dispossessed without following the process of law. Since the respondents themselves have stated that the impugned show cause notice has been withdrawn, proposals were submitted to the 1st respondent under Section 166-B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli and only after following the procedure prescribed, the petitioner will be dispossessed from the land in question, no cause survives in the writ petition. The writ petition is accordingly dismissed granting liberty to the petitioner to avail the remedies as and when proceedings are initiated for resumption of the land in question. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 15-04-2008 ks …….... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector Ranga Reddy District Lakdi-Ka-Pool Hyderabad. 2 The Revenue Divisional Officer Vikarabad Division Vikarabad 3 The Mandal Revenue Officer Yallal (Village) at Yallal Ranga Reddy District. 4 2 CCs to the Government Pleader for Revenue, High Court of Andhra Pradesh, Hyderabad (OUT). 5 2 CD copies.