THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :2067 of 2008 DATED:05-02-2008 BETWEEN: Smt.Kummeta Venkata Subbamma. ..... PETITIONER AND The District Collector, Nellore & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioner seeks a writ of mandamus declaring the action of the 3rd respondent and his subordinates in trying to assign the land of the petitioner to third parties and taking steps to dispossess her from the land admeasuring Ac.2.50 cents in Sy.No.818/5 situated at Guvvadi Revenue village, Varikuntapadu mandal, Nellore District, without notice, as illegal, and arbitrary. 3. It is the case of the petitioner that an extent of Ac.2.50 cents in Sy.No.818/5 situated at Guvvadi Revenue village, Varikuntapadu mandal, Nellore District was assigned in her favour and based on the assignment the said land was mutated in the name of the petitioner and pattadar passbook and title deeds have been issued along with the other property of the petitioner. It is stated that the said land is not assigned in favour of any other person except the petitioner and based on the assignment only pattadar passbook and title deed have been issued. It is further stated that there was no violation of the assignment certificate or any of the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’). 4. If the said land is assigned in favour of a person other than the petitioner and if the petitioner is in illegal possession even after granting the pattadar passbook and title deeds under the A.P.Rights in Land and Pattadar Passbooks Act, the said grant of patta will be against the provisions of the Act, and it is always open for the competent authority to resume the land after following due procedure prescribed under the Act. The grievance of the petitioner is that she herself is the assignee and she has not violated the terms and conditions of the DKT patta or the provisions of the Act. 5. Having regard to the facts and circumstances, without expressing any opinion with regard to the merits of the case, respondents are directed not to dispossess the petitioner without following due process of law. 6. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 05th February, 2008. Note: Furnish C.C. of the order within two days. B/o Tsy