THE HON’BLE SRI JUSTICE N.V. RAMANA. W.P. Nos. 6462, 11542 and 14004 of 2009 Oral order: The petitioners are original assignees of the lands in question. They claim to have entered into partnership agreement with M/s. Sri Sai Agro Farms for carrying out joint business. While so, the petitioners state that the Government for the purpose of establishing Institute of Technology, sought to acquire their lands situated in Kandi and Mamidpalli villages. Now the grievance of the petitioners is that the official respondents the impugned resumption proceedings and directed payment of ex gratia as per the special package announced by the Government. Now it is the grievance of the petitioners that the respondents without paying the ex gratia as per the special package announced by the Government, have resumed their lands, which is illegal and arbitrary. Hence, the petitioners filed the present writ petitions praying to direct the official respondents to pay ex gratia as per the resumption proceedings. This Court while admitting W.P. No. 6462 of 2009 granted interim directions directing the official respondents to pay ex gratia amount and house plots as per the special pacakage to the petitioners in respect of the resumed lands. In terms of the interim directions granted by this Court, the official respondents paid some amounts to the petitioners. However, this Court refused to grant any interim orders in W.P. Nos. 11542 and 14004 of 2009 and directed the Government Pleader for Revenue to file counter. On behalf of the official respondents, respondent No.3 filed counter. The learned Government Pleader for Revenue reiterating the counter averments submitted that as per the terms and conditions of assignment, the petitioners should not alienate the land, but in contravention of the said conditions, the petitioners have alienated the land, the petitioners in W.P. No. 14004 of 2009, alienated the land assigned to them to third parties by executing registered sale deeds, while the petitioners in the other two writ petitions, namely W.P. Nos. 6462 and 11542 of 2009, entered into agreements for alienation, and therefore, they were not paid the ex gratia. However, the petitioners denied the alienation of the property. The learned counsel appearing for the petitioners in W.P. Nos. 14004 of 2009 submitted that even if the land is alienated by the assignees, having regard to the provisions of Section 4(1)(b) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, the petitioners or their legal heirs are entitled to restoration of the land and in support of this argument, she placed reliance on the Division Bench of this Court in Rayavarapu Palakondaiah vs. Revenue Divisional Officer, Cuddapah[1], the lands have to be restored back to the petitioners. The learned Government Pleader for Revenue did not dispute the proposition of law, as laid down by the Division Bench of this Court in the above judgment. He however, submitted that though the petitioners in terms of the above judgment are entitled to restoration of the land back from the purchasers, but inasmuch as they alienated the lands by executing documents to third parties, he apprehended that the persons in whose favour the petitioners executed the documents, will also make a claim for payment of ex gratia based on the said documents. Considering this apprehension expressed by the learned Government Pleader for Revenue, this Court earlier had directed the petitioners in W.P. No.14004 of 2009 to implead the purchasers of the assigned land, and accordingly, the petitioners impleaded their purchasers as respondent Nos. 5 and 6. Sri. V. Vara Prasad Reddy, learned counsel who appeared on behalf of the impleaded respondent Nos. 5 and 6 in W.P. No. 14004 of 2009 submitted that respondent Nos. 5 and 6 will not claim the ex gratia, and submitted that he has no objection if the official respondents pay the ex gratia to the petitioners. The petitioners being the original assignees, having regard to the settled legal position, they are entitled to restoration of the lands back from the purchasers, and having regard to the foregoing discussion, I deem it appropriate to dispose of the writ petitions with the following directions: The official respondent Nos. 1 to 3 are directed to pay ex gratia to the petitioners in respect of the resumed land as per the special package announced by the Government. Inasmuch as it is submitted by the petitioners in W.P. No. 6462 of 2009 that pursuant to the interim directions the official respondents paid some ex gratia, and still some more amount remains to be paid, it is directed that the official respondents shall consider payment of the balance ex gratia, if any, payable to them as per the special package. Accordingly, the writ petitions are disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 27th October, 2009 KSR [1] 1999 (3) ALT 128 (DB)