IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10788 of 2008 Between: K.Padma, W/o. Vinod ,R/o. H.No.1-20/14,1, Srirama Colony, M.J.Road, Perkit-Armoor, Armoor Mandal, Nizamabad District. ..... PETITIONER AND The Tahsildar, Armoor, Armoor Mandal, Nizamabad District. .....RESPONDENT 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 issue a writ , Order or direction more in the nature of Writ of Prohibition declaring the proceedings initiated by the Respondents vide notice dated Nil in Form-II under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules 2007 alleging the contravention of provisions of Sub-Section (2) of Section 3 of the Andhra Pradesh Lands (Prohibition of Transfers) Act 1977 in respect of the land in Sy.No.202-E to an extent of Ac.0.10 situated at Kota Armoor, Armoor Mandal, Nizamabad District alleging that the petitioner had purchased the same from Mutya Goud S/o. Rama Goud Assignee ignoring the proceedings issued in favour of the petitioner by the then Mandal Revenue Officer, Armoor vide No.B4/8742/2002 dated 29-1-2003 as illegal, arbitrary, without jurisdiction and contrary to the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act 1977 and also the A.P.Assigned Lands (Prohibition of Transfers) Rules 2007 and pass Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : O R D E R: This writ petition is filed for a Writ of Prohibition to restrain the respondent from proceeding further in pursuance of notice issued by the respondent. The petitioner, who purchased the property admeasuring Ac.0.10 cents comprised in Survey No.202-E of Kota Armoor Village, Armoor Mandal, Nizamabad District from original assignee, claimed that in the year 2003, the then Mandal Revenue Officer, Armoor initiated proceedings under Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, ‘Act 9 of 1977’) and on being satisfied that the petitioner falls within the exception of Section 3(5) of the said Act, issued proceedings on 29-01-2003 while cancelling the assignment made in favour of the original assignee and granting assignment in her favour. She further stated that despite the same, the respondent issued the impugned notice purporting to initiate fresh proceedings for cancellation of the assignment. Having heard Sri V.Ravi Kiran Rao, learned counsel for the petitioner, and perused the record, I am of the view that since the proceedings impugned in this writ petition are in the nature of a show cause notice, the writ petition filed at this stage is premature. The petitioner is entitled to file her explanation. In this view of the matter, the writ petition is disposed of by permitting the petitioner to file explanation to the impugned notice within a period of two weeks from today and on receipt of such explanation, the respondent shall consider and dispose of the same by passing an appropriate order after giving an opportunity of personal hearing to the petitioner. Till then, the petitioner’s possession shall not be disturbed. As a sequel to disposal of the writ petition, WPMP No.14079 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. _____________________ C.V.NAGARJUNA REDDY,J Dated 14th May, 2008 Note: Issue operative portion by wire at party’s cost vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Tahsildar, Armoor, Armoor Mandal, Nizamabad district. 2. 2 CCs to the G.P for Revenue 3 2CD copies Form-NIC-OGS/WP{TRT}