THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.22388 OF 2011 ORDER: The petitioner is aggrieved by the action of the respondents in interfering with his possession and enjoyment of an extent of Ac.2-48 cents of land in Survey No.276-4 of Thammadepalli Village, Amarapuram Mandal, Ananthapur District. It is the case of the petitioner that the then Tahsildar, vide proceedings dated 11.10.1961, had assigned Ac.2-48 cents of land in Survey No.276-4 of Thammadepalli Village in his favour by granting D-form patta; he is carrying on agricultural operations thereupon, raising Groundnut, Jowar etc., for the last 50 years; he is also the Dharmakartha of a temple; there is a rival group in the Village and, with an intention of ousting him from the office of Dharmakartha, they had instigated the official respondents to cancel the assignment granted in his favour; and the Tahsildar and Revenue Inspector are threatening to dispossess him from the land in question. In the counter affidavit filed by the second respondent – Tahsildar, it is stated that the total extent of land in Survey No.276-1 is Ac.9-45 cents, which is classified as ‘Ralla Gutta’; this is sub-divided as Survey No.276-1 for an extent of Ac.6-98 cents and Survey No.276- 4 for an extent of Ac.2-48 cents, and was shown as assessed waste in the proceedings of the Sub- Collector dated 18.12.1935; land of an extent of Ac.2-48 cents was assigned in favour of the petitioner on 10.06.1961; since the petitioner had not cultivated the land, and had violated the conditions of the D-form patta, the land was resumed to the Government as per orders of the Sub-Collector dated 18.08.1973; and, accordingly, changes were incorporated in Diglot of Thammadepalli Village by the then Revenue Inspector on 29.04.1976. It is further stated that house sites were issued to eight members for a total extent of Ac.0-63 cents as they were houseless poor, vide proceedings dated 20.06.1997, and the remaining extent of land is under the occupation of one Basanna and other villagers for grazing of sheep. It is further stated that Sri Basanna had filed an application for cancellation of the D-form patta issued in favour of the petitioner, as he was claiming to be having the same; and, after, perusing the record the Revenue Divisional Officer, Penukonda had ordered status quo vide proceedings dated 10.08.2011. With a view to ascertain whether or not the assignment, granted in favour of the petitioner in the year 1961, had been cancelled prior to the land being resumed in 1973, the Learned Government Pleader for Revenue (Assignment) was directed to produce a copy of the proceedings cancelling the assignment, and the order of resumption. The Learned Government Pleader has placed before the Court the Diglot Register, wherein the portion pertaining to the land hitherto assigned in favour of the petitioner, reads as under: “Resumed to Government as per proceedings in D.D.No.5159/71 dated 18.08.1973.” The Learned Government Pleader would further state that except this record, no other records are available, and they must have been destroyed since nearly 40 years have elapsed since then. It is evident from the Diglot that the land in question was resumed in the year 1973. At this distance of time i.e., more than 38 years after the said entry was made, it is not possible to ascertain whether it was preceded by an order of cancellation of assignment, and the possibility of the said records having been destroyed because of lapse of time cannot be ruled out. The only relief which can be granted to the petitioner in this Writ Petition is to direct the District Collector, or any other authority authorised by him in this behalf, to consider the petitioner’s case for reassignment of the remaining extent of resumed land i.e., Ac.1-85 cents, which is said to be presently being used for grazing sheep, and has not been assigned in anybody else favour, provided that the petitioner satisfies the conditions prescribed under Section 4 (1) (b) (i) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (A.P. Act 9 of 1977), including that he is a landless poor person. Sri P.R. Balarami Reddy, Learned Counsel for the petitioner, states that the petitioner shall make a representation under Section 4 (1) (b) (i) of A.P. Act 9 of 1977 to the District Collector, Anantapur. The District Collector shall, either himself or by an authorised officer, examine and consider the petitioner’s representation for reassignment of the remaining resumed land. The entire exercise in this regard, culminating in an order being passed by the competent authority, shall be completed within a period of two months from the date of receipt of the petitioner’s representation. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J August 24, 2011 Note: Issue C.C. by 29.08.2011. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.22388 OF 2011 August 24, 2011 MD