HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.428 2009 ORDER: The petitioner assails the action of the respondent authorities in seeking to dispossess him from Ac.0-85 cents in Survey No.531, Ac.1-02 cents in Survey No.534 and Acs.2-00 in Survey No.535, in all Acs.3-87 cents, in Muthukur Village and Mandal, S.P.S.R. Nellore District. It is the case of the petitioner that he and his father were subjected to proceedings under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for brevity “Act of 1973”) and pursuant to the common order dated 22-03-1976 passed by the Land Reforms Tribunal, Nellore, he and his father surrendered various extents of wet and dry lands. Insofar as Survey Nos.530 and 532 are concerned, the petitioner’s father surrendered Acs.4-00 and Acs.3-71 cents respectively. Similarly, as regards Survey Nos.533 and 536, the petitioner surrendered Acs.2-10 cents and Acs.2-82 cents respectively. It is pertinent to note, no land in Survey Nos.531, 534 and 535 was surrendered by either the petitioner or his father. Proceedings under the Act of 1973, including Form – X evidencing delivery of possession of the surrendered extents, are made part of the record. It is the grievance of the petitioner that while the matter stood thus, the respondent authorities are disturbing his possession in respect of the lands admeasuring Acs.0-85 cents in Survey No.531, Ac.1-02 cents in Survey No.534 and Acs.2-00 in Survey No.535 without any legal basis. By interim order dated 19-01-2009, this Court directed the authorities to not to dispossess the petitioner from the subject lands. In her counter affidavit filed in support of the vacate stay application, the Tahsildar, Muthukur Village and Mandal, SPSR Nellore District, stated that the petitioner’s apprehension with regard to dispossession from his lands in Survey Nos.531, 534 & 535 of Muthukur Village and Mandal, SPSR Nellore District, is unfounded. She stated that it was proposed to undertake construction of houses under the Indiramma Housing Programme only in the Government lands in Survey Nos.533 & 536, which were surrendered by the petitioner. She went on to deny the contention of the petitioner that the authorities were seeking to dispossess him from the subject lands in Survey Nos.531, 534 and 535. Sri P. Sreedhar Reddy, learned counsel for the petitioner, however pointed out the Tahsildar, Muthukur Village and Mandal, had thereafter stated in the counter that the Government is proposing construction of houses under the Indiramma Housing Programme in Survey Nos.530 to 536 being an extent of Acs.4-92 cents. This, according to the learned counsel, forms the basis for the petitioner’s apprehension. On the other hand, the learned Assistant Government Pleader for Revenue clarified that the counter itself states that the extent of Acs.4-92 cents in Survey Nos.530 to 536 is surrendered land only, which tallies exactly with the land surrendered by the petitioner in Survey Nos.533 and 536. Viewed thus, it appears that there is no reason for the petitioner to apprehend dispossession from the subject land in Survey Nos.531, 534 and 535 of Muthukur Village and Mandal. The respondent authorities having taken possession of the excess lands surrendered by the petitioner and his father in Survey Nos.533 & 536, are undertaking construction therein of houses under the Government’s welfare scheme. Needless to state, the authorities shall not interfere with the petitioner’s retainable extents in Survey Nos.531, 534 and 535 of Muthukur Village and Mandal, which were not surrendered by him or his father. The Writ Petition is accordingly disposed of with the aforestated observations. There shall be no order as to costs. _______________________ SANJAY KUMAR, J July 12, 2010. PV