HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.19962 of 2011 Date : 22-12-2011 Between K. Sujatha w/o. late Bala Ramaiah .. Petitioner And Piler Assembly Development Authority, Represented by its Special Officer, Madanapalle Road, Kalikiri, Chittoor District and others .. Respondents Counsel for petitioner : Sri T. Nagarjuna Reddy Counsel for respondents : Government Pleader for Revenue The court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in trying to establish an Industrial Training Institute in the land admeasuring Ac.2-64 cents in Sy.No.209/3 of Doddipalle village, Piler Mandal, Chittoor District, belonging to the petitioner, without initiating proceedings to acquire the said land, as illegal and arbitrary. The petitioner averred that the land admeasuring Ac.3-95 cents in Sy.No.209/3 originally belonged to one Jaina Bee; that she has taken loan from one Jonnagadda Siddappa and mortgaged the same in his favour under registered mortgage deed dated 19-3-1938; that to repay the said loan and for other legal necessities, the original owner alienated the said property in favour of one Kola Chengaiah by registered sale deed dated 25-3-1942; that after his death, on 25-11-1958 partition was effected among the family members; that Chengaiah had one son by name Krishnaiah and the said Krishnaiah was having two wives. The petitioner narrated the further events leading to change of title of the property through several hands and explained how she became the owner of the extent of Ac.2-64 cents in Sy.No.209/3. The grievance of the petitioner is that without initiating any proceedings for acquiring the land, the respondents are seeking to take away the said land from the petitioner for establishment of an Industrial Training Institute. A counter-affidavit is filed by the respondents wherein it is inter alia stated that the land admeasuring Ac.7-48 cents in Sy.No.209 is classified as Government poramboke and the same is shown as “reserved” in column No.17 of A- Register of Doddipalli village; that the land was originally Government land and the same was transferred as “Assessed Waste Dry” in the year 1931 vide the Collector’s proceedings dated 29-8-1931 in the context of granting D.K.T. pattas. It is further submitted that at present there is no proposal pending for resumption of the land in Sy.No.209 and if the land is required, necessary notice will be given to the petitioner and the land will be resumed after following due process of law. The question whether the land is a private or assigned land, and even if the latter is true, whether there was a condition of non-alienation, are the aspects which need to be decided at the appropriate stage. If and when notice for resumption is issued, the petitioner is entitled to raise all her objections and plead that the property in question is a patta land and not the Government assigned land. For the present, in the light of the stand taken by the respondents in the counter-affidavit that there is no proposal for taking over the above mentioned land as of now, the Writ Petition need not be adjudicated on merits. The Writ Petition is accordingly disposed of by placing the above noted stand of the respondents on record, with the direction to respondent Nos.2 to 4 not to dispossess the petitioner from land in question without following due process of law. As a sequel,WPMP No.24161/2011 and 4166/2011 are disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 22-12-2011 AM