THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :2565 of 2008 DATED:12-02-2008 BETWEEN: A.Gowri Shankar. ..... PETITIONER AND The Tahsildar, Nandyal Mandal, Kurnool District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondent. 2. Petitioners seek a writ of mandamus declaring the proceedings RC.B.244/2007, dated 08-01-2008, of the 1st respondent, as illegal, arbitrary, and set aside the same holding that the petitioner has right and title to an extent of Ac.0.98 cents in Sy.No.137/2A and Ac.0.66 cents in Sy.No.138/1 of Chapirevula village, Nandyal mandal, Kurnool District. 3. It is stated that originally one Suddamalla Bushaiah purchased an extent of Ac.1.05 cents i.e., Ac.0.98 cents in Sy.No.137/2A and Ac.0.66 cents in Sy.No.138/1 of Chapirevula village, Nandyal mandal from one Pikkili Subbanna and M.Chinna Pullanna and others vide registered sale deed, dated 14-12-1944, and from the said Bushaiah, one Sk.Abdul Karim Saheb and Patan Abbas Khan purchased the said land and from them the father of the petitioner, namely A.Ramaiah, purchased the said land. Thus it is the case of the petitioner that he is in occupation and possession of the said land. Whileso, the 1st respondent-Tahsildar, Nandyal issued Form-II notice under Rule 3 of the A.P.Assigned Lands (Prohibition of Transfers) Rules, 2007, dated 14-05-2007, to the father of the petitioner stating that he is found to be the transferee of an extent of Ac.0.98 cents in Sy.No.137/2A and Ac.0.66 cents in Sy.No.138/1 of Chapirevula village and the said land was the Government land and it was assigned in favour of Suddamalla Bushaiah by way of registered gift deed, dated 08-06-2004, and accordingly the father of the petitioner was called upon to submit explanation within fifteen days. It is stated that immediately after receipt of the show cause notice petitioner submitted explanation on 14-05-2007 before the 1st respondent. After submitting the explanation on 14-05-2007 1st respondent passed the resumption orders resuming the said land, and the said order reads as follows: “The Mandal Revenue Inspector has reported that one Suddamalla Bushaiah, S/o Kondanna of Chapirevula village has been assigned Government land Ceiling land for an extent of Ac.0.66 and Ac.0.98 cents in Sy.Nos.138/1 and 137/2A of Chapirevula village of Nandyal mandal in this office DKT. No… C.C.No.Date….. In terms of G.O.Ms.No.208/REV (Assign.P.O.T.) Department, dated 22-02-2007 the constituted team for physical verification of the assigned lands has found that the assignee has contravened the provisions under sub-Section (2) of the Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Rules, 2007 by alienating the assigned land to Sri Ancha Ramaiah, S/o Laxmanna of Nonepalli village of Nandyal mandal by way of registered sale deed. As reported by the Constituted team lead by the M.R.I., it is found that the original assignee has/had contravened the provisions of sub- Section (2) of Section 3 of the A.P.Assigned (P.O.T.) Act, 1977. Notices have been issued both to the original assignee and alienees for contravention of the provisions under sub-Section (2) of Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Rules, 2007 in Form-I and II under the said Act. No explanation has been received for the notice from the original assignee representation objecting the contravention of the Act has been received from the transferee. But there are no valid grounds for consideration. In view of the above facts, I construed that the land assigned to the beneficiary has been alienated. Thus he contravened the provision under sub-Section (2) of Section3 of the A.P.Assigned Lands (P.O.T.) Rules, 2007. I hereby ordered to resume the above lands for contravention of the above said Act”. 4. A perusal of the said order goes to show that the Mandal Revenue Inspector submitted a report stating that the original assignee has contravened the provisions of sub-Section 2 of Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’) Act in Form-I and II. No explanation has been received for the notice from the original assignee and the representation objecting the contravention of the said Act has been received from the transferee, but there are no valid grounds for consideration. Accordingly, it was construed that the land assigned to the original assignee has been alienated in contravention of sub-Section 2 of Section 3 of the Act, and accordingly the said land is ordered to be resumed. 5. Learned Government Pleader on obtaining instructions submits that though there was no reference to the show cause notice and the explanation but the fact remains that the explanation submitted by the petitioner has been considered and valid grounds have been found and therefore, resumption orders have been passed. On the other hand, learned counsel appearing for the petitioner submits that the so-called particulars of the assignment have not been furnished either in the show cause notice or in the final order and the said Suddamalla Bushaiah is not the assignee but he is also the purchaser, and who is the original assignee has not been furnished and therefore the impugned order has been passed in a hasty manner, without giving any reasonable opportunity and without considering the explanation. 6. I am of the opinion that though there is an effective alternative remedy available to the petitioner under Section 4A of the Act but as the order itself is in violation of the principles of natural justice and as the explanation was not at all considered and the relevant material particulars about the original assignee and the assignment particulars have not been furnished and having regard to the facts and circumstances, impugned order is set aside leaving it open for the respondents to issue a fresh show cause notice and take appropriate action in accordance with law. 7. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 12th February, 2008. Tsy