IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24505 of 2007 Between: Mate Laxmi, W/o.Anjaiah, R/o.Kodakandla(V), Kodakandla Revenue(M), Warangal Dist ..... PETITIONER AND 1 The District Collector, Warangal Dist,Warangal 2 The Tahsildar, Kodakandla (M), Warangal Dist 3 Cheruku Venkatnarsu, S/o.Venkataiah, R/o.Kodakandla(V)&(M), Warangal Dist 4 Rama Chary, S/o.Veera Colony, R/o.Kodakandla(V)&(M) Warangal Dist .....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 will be pleased to to issue any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly respondent No.2 in seizing the property bearing House No.5- 103/1, Kodakandla(V) & (M),Warangal Dist as illegal,arbitrary and in gross violation of the principles of natural justice and consequently direct the respondents 1and 2 to release the property to the petitioner and to pass such other order or orders Counsel for the Petitioner: MR.V.RAMAKRISHNA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24505 OF 2007 ORAL ORDER: Questioning the action of the second respondent, namely, the Tahsildar, Kodakandla Mandal, Warangal District, in seizing the house property of the petitioner bearing House No.5-103/1 in Survey No.100/46 of Kodakandla Village and Mandal, Warangal District, on 03.11.2007 without issuing any notice, she filed the present writ petition. The petitioner states that she purchased a vacant land from the unofficial third respondent herein for a valuable consideration in the year 1998 and that thereafter she constructed a tiled house thereon after obtaining the necessary permission on 20.04.2006, and ownership certificate was issued to her and house tax was also paid vide Receipt No.78 dated 03.11.2006 and that she is in possession and enjoyment thereof. The petitioner states that the unofficial respondents, hatched a plan and approached the petitioner, to purchase the property in question, but the petitioner did not agree to the same, and when the unofficial fourth respondent, tried to dispossess the petitioner, she instituted a suit in O.S. No.277 of 2006 on the file of the Junior Civil Judge, Jangaon, along with I.A. No.607 of 2006 seeking interim injunction against the unofficial third and fourth respondents herein, and ad interim injunction as sought for by him, was granted on 21.11.2006, and the same is still in force. While things stand thus, the petitioner states that the second respondent issued a notice in the first week of August, 2007 as envisaged under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 calling upon the petitioner to show cause as to why she should not be evicted from the property in question on the premise that she is found to be the transferee of the assigned lands. Responding to the said notice, the petitioner states that she submitted her objections on 18.08.2007. When the entire family of the petitioner was away from the house, the Mandal Revenue Inspector of Kodakandla Mandal, inspected the property in question on 03.11.2007 and seized the same without issuing any notice. Aggrieved by the said action, the petitioner states that she made a representation dated 07.11.2008 enclosing therewith, ownership certificate and order of interim injunction, granted by the Junior Civil Judge, Jangaon, to the first respondent, namely, the District Collector, Warangal District, Warangal, who made an endorsement thereon, and directed the second respondent to consider the same as per law. The main grievance of the petitioner in this writ petition is that despite the direction given by the first respondent pursuant to the representation made by the petitioner on 07.11.2008, the second respondent did not take any action in releasing the property in question in favour of the petitioner and did not even pass any orders on the objections filed by her to the notice issued in the first week of August, 2007 to him so far. Hence, she filed the present writ petition. A detailed counter affidavit is filed on behalf of the second respondent inter alia stating that the land in question is a Government land and an extent of Ac.0.37 guntas was assigned to one Sri Cheruku Venkat Narsu S/o Venkataiah, who is the third unofficial respondent herein, long back and it is not a patta land as stated by the petitioner and the certificate dated 24.11.2007 said to have been issued by the Mandal Revenue Inspector, produced by the petitioner before this Court, in fact, is not issued by the Office of the second respondent, and it is fabricated one. It is further stated that if the petitioner is aggrieved by the notice issued by the second respondent, she should have preferred an appeal under Section 4-A of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, to the Revenue Divisional Officer, Janagaon, instead of approaching this Court by way of the writ petition. Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Revenue on behalf of the first and second respondents. Admittedly a notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 was issued to the petitioner in the first week of August, 2007, calling upon her to show cause as to why she should not be evicted from the property in question on the premise that she is found to be the transferee of the assigned lands, and responding to the said notice, she submitted her objections on 18.08.2007, and the same is under consideration before the second respondent. In view of the above, without going into the merits of the matter, the writ petition is disposed of at the stage of admission with a direction to the second respondent, namely, the Tahsildar, Kodakandla Mandal, Warangal District, to consider and dispose of the objections submitted by the petitioner to the show cause notice dated 18.08.2007, issued under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, and pass appropriate orders thereon in accordance with law, expeditiously. Till such time, the respondents herein are directed not to interfere with the possession of the petitioner, in respect of the property in question. ______________ N.V.RAMANA, J. Date: 16.07.2008 VGSR / KSR