IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.3577 of 2001 Between: N.Abdul Khader S/o. late N.Khaja Meaih R/o. H.No.14/326, Kummara Kunta Street, Cuddapah. ..... PETITIONER AND 1 The District Collector, Cuddapah. 2 Revenue Divisional Officer, Cuddapah. 3 Mandal Revenue Officer, Cuddapah. .....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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in to assigning the land of the petitioner in Sy.No.59/B1/B1 of Cuddapah town in favour of 3rd parties without following the due procedure of law and without giving any notice or any reasons is as illegal, arbitrary, violative of the principles of natural justice, beside being violative of Arts.300-A, 14 & 21 of the Constitution of India and consequently direct the respondent not to dispossess the petitioner from the possession of the land in Sy.No.59/B1/B1 of Cuddapah town. Counsel for the Petitioner:MR.J.RAMACHANDRA RAO Counsel for the Respondent No.: GP FOR ASSIGNMENT The Court made the following : THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.3577 of 2001 ORDER: The grievance of the petitioner in this writ petition is about violation of Article 300-A of the Constitution of India. Facts are that the land admeasuring Ac.1-30 cents in Sy.No.59/B1/B1 of Kadapa town was purchased by his father along with another extent of Ac.1-35 cents. The petitioner alleged that his father had already sold Ac.1-35 cents and Ac.1- 30 cents remained with him. It is submitted that the remaining land belongs to him and he has also been granted pattadar passbook and there is a registered family settlement deed, under which, after his father and mother, he is the owner of the property. It is alleged that without following the due process of law, the respondents are trying to allot the said land to third parties and as such complaining violation of Articles 14, 21 and 300-A of the Constitution of India, this writ petition is filed. 2. By the order of this court, dated 02-03-2001, while admitting the writ petition, an interim direction was issued to the respondents not to dispossess the petitioner from the aforesaid land and the said interim order continued through out till now. 3. While no counter is filed by the respondents, the petitioner claims to be in possession of the land. 4. In the circumstances, the writ petition is disposed of with a direction to the respondents that in the event of their requiring the aforesaid land, which is said to be belonging to the petitioner, they shall follow the due procedure under Land Acquisition Act, 1894, and only after following the due procedure, they would be entitled to take over the said land. 5. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 02-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MADHURI}