THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.589 of 2008 Between: Mohd.Fasiuddin. .. PETITIONER and The State of A.P., and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.589 of 2008 ORDER: It is the case of the petitioner that he purchased the land admeasuring Ac.0-10½ gts. in Sy.No.175 situated at Rekurthi Village, Karimnagar Mandal and District from one Shanigaram Rajesham, S/o.Veeraiah, in the year 1986 by way of simple Sale Deed. When there was some third party interference, he filed the suit O.S.No.208 of 1989 on the file of District Munsif, Karimnagar, for declaration of title and for perpetual injunction. The said suit was decreed on 11-08-1989. Thereafter, the name of the petitioner was also mutated in the revenue records. While so, the 3rd respondent is trying to interfere with his peaceful possession and enjoyment of the land in question without following due process of law. Learned Government Pleader for Revenue appearing for the respondents submits that most of the lands in Rekurthi Village are assigned lands and the proceedings have been initiated under the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act”) and that the petitioner has not made any representation about the alleged apprehension and, therefore, the writ petition is not maintainable and the same is liable to be dismissed. I am not inclined to express any opinion as to whether the land in question is an assigned land or not. Even, if the decree is passed and the name of the petitioner is mutated in the revenue records, the petitioner will not get any right, title or interest over the assigned land. Admittedly, the lands assigned in favour of landless poor are heritable but not alienable. However, if the petitioner is in illegal possession of the assigned land in contravention of sub-sections (1) to (3) of Section 3 of the Act, the petitioner cannot be dispossessed from the land in question without following due process of law. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 3rd respondent not to dispossess the petitioner, if he is in possession of the land admeasuring Ac.0-10½ gts. in Sy.No.175 of Rekurthi Village, Karimnagar Mandal and District, without following due process of law. There shall be no order as to costs. ___________ 25-01-2008 Prv