IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 221 of 2009 BETWEEN: Dwarampudi Adi Reddy, S/o. Late Venkata Reddy, @ Mushini, R/o. G. Mamidada, Pedapudi Mandal, East Godavari District. ... PETITIONER AND 1 The District Collector, East Godavari at Kakinada, 2 The Revenue Divisional Officer, Rajahmundry, East Godavari District. 3 The Tahsildar, Biccavolu, East Godavari District. ...RESPONDENTS 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to disposes the petitioner from the land of an extent of Ac. 0.45 cents in Sy.No.502/2 situated at Voolapalli Village, Biccavolu Mandal, East Godavari District without recourse to law as illegal, arbitrary and unjust and consequently direct the respondents to drop all further proceedings against the petitioner in this regard and pass such other order or orders. Counsel for the Petitioner: MR.N.SIVA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus to declare the action of the respondents in trying to disposes him from the land of an extent of Ac.0.45 cents in Sy.No.502/2 situated at Voolapalli Village, Biccavolu Mandal, East Godavari District without recourse to law as illegal, arbitrary and unjust and consequently direct the respondents to drop all further proceedings against him. 2. Petitioner submits that he has obtained lease of the land to an extent of Ac.0.45 cents in Sy.No.502/2 situated at Voolapalli Village, Biccavolu Mandal, East Godavari District vide registered lease deed bearing Document No.117 dated 01.06.1988 of Biccavolu Sub-Registrar, for a period of 99 years. While so, the third respondent informed the petitioner that the said land is a D-Form patta land and the petitioner has no right to take lease, as such, his possession is illegal and he is liable to be evicted. The grievance of the petitioner is that he has not been given any notice under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). He further submits that he has been paying cist in respect of the said land and therefore, he is entitled to be served with a notice. 3. The petitioner does not dispute with regard to the nature of the said land. Admittedly, he is in possession of the said land as lessee only but it is not known whether any action has already been initiated against the original assignee, who is said to have violated the terms and conditions of the assignment patta. It is also not known as to whether the lessor i.e. Rayudu Rathamma W/o. Veera Bhadram and her daughters, are the original assignees or under what right they have leased out the said land. 4. Without expressing any opinion as to whether the petitioner is in possession and enjoyment of the said land or not, the respondents are directed to follow the procedure prescribed in law for resumption of the said land under provisions of the Act and if the said land is a Government land, action requires to be taken under the Andhra Pradesh Land Encroachment Act, 1905. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 12, 2009 DSK