HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.19759 of 2011 Date : 22-12-2011 Between: B. Narasimha Prasanna s/o. late B. Narayana Swamy .. Petitioner and The Revenue Divisional Officer (Land Acquisition Officer), Ananthapur and another .. Respondents Counsel for petitioner : Sri N. Ranga Reddy Counsel for respondents : Assistant Government Pleader for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in seeking to dispossess the petitioner from the land admeasuring Ac.5-02 cents in Sy.No.187-2 of Kamarupalli village, Anantapur District, without following due process of law as illegal and arbitrary. I have heard Sri N. Ranga Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. The petitioner averred that the above mentioned land originally belonged to one Gangulamma w/o. Ramaiah; that after her death, the petitioner’s father being the sole surviving legal heir was in possession of the said property and cultivated the same and that after his demise in the year 2009, the petitioner has been in enjoyment of the said property. The petitioner alleged that the respondents have been trying to take possession of the above mentioned land for the purpose of Indiramma Housing Scheme. The petitioner has questioned the action of the respondents in seeking to forcibly dispossess him from the land in question. In the counter-affidavit filed by respondent No.2, it is inter alia stated that the extent of Ac.5-02 cents in Sy.No.187-2of Kamarupalli village was assigned in favour of Gangulamma w/o. Ramaiah on 30-6-1992; that the said land was kept waste since the date of assignment; that neither the assignee nor her legal heirs have cultivated the said land and that the petitioner is a stranger to the family of the assignee. It is further stated that the land was resumed vide proceedings R.Dis.1968/2009/B, dated 14-12-2009, which has attained finality as no appeal was filed by the aggrieved party. In support of the averments made in the counter- affidavit, the respondents have filed the proceedings dated 14-12-2009, a perusal of which shows that the land was resumed to Government in view of violation of conditions of D-Form patta. No reply affidavit is filed controverting the above noted averments contained in the counter-affidavit. The learned counsel for the petitioner submitted that in the light of the stand taken by the respondents that the assignment was cancelled and the land was resumed, his client may be permitted to question the said proceedings of respondent No.2 dated 14-12-2009. Having regard to the above submission, the Writ Petition is dismissed with liberty to the petitioner to question proceedings R.Dis.1968/2009/B, dated 14-12-2009, of respondent No.2 before the competent forum. As a sequel, interim order dated 13-7-2011 is vacated and WPMP No.23923/2011 and WVMP No.4182/2011 are disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 22-12-2011 AM