IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9373 of 2009 Between: Ayyanna S/o.Chinna Yellappa R/o.Dinnedevarapadu village Kurnool Mandal, Kurnool District ..... PETITIONER AND The Tahsildar,Kurnool Mandal Kothapeta Kurnool City,Kurnool .....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 writ order or direction more particularly one in the nature of writ of mandamus to declare the impugned order bearing Rc.No.B.779(A)/2000 dated 26.7.2000 issued by the respondent resuming the land of the petitioner situated in SY.No.447/2 admeasuring Ac.1.20 cents of Dinnedevarapadu village, Kurnool Mandal, Kurnool District without proper notice and without affording reasonable opportunity and without following the due process of law as illegal, and arbitrary, and consequently set aside the same and to grant such other relief or reliefs as this Hon`ble court deems fit and proper in the circumstances of the case Counsel for the Petitioner:MR.CHILAMKURI HANUMANTHA RAYUDU Counsel for the Respondent No.: GP FOR REVENUE THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 9373 of 2009 ORDER: The father of the petitioner was assigned an extent of Ac.1.20 cents of land in Sy.No.447/2 wayback in the year 1961. The petitioner had succeeded to the same. In the recent past, the petitioner was informed that the land was resumed to the Government, vide proceedings dated 26.07.2000. The petitioner challenged the said order stating that he was not issued a notice and that it is not referable to any provision of law. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The impugned order is of the year 2000. It was passed in relation to the lands assigned to the seven individuals to an extent of Ac.14.47 cents. Except stating that the notices sent to the assignees were refused, it was not mentioned as to on what basis, the pattas were cancelled. No provision of law is mentioned. The order itself is written with several interpolations. Be that as it may, the petitioner can avail the remedy of Section 4-B of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), duly explaining the delay in presenting the same. Interest of the petitioner can be protected by directing that he shall not be dispossessed till the disposal of the appeal or application for condonation of delay, as the case may be. Hence, the writ petition is disposed of leaving it open to the petitioner to avail the remedy under Section 4-B of the Act. It is also directed that the order dated 26.07.2000, in so far as it relates to the land in Sy.No.447/2 admeasuring Ac.1.20 cents, shall remain stayed till the disposal of the appeal or application for condonation of delay, whichever is earlier. L.NARASIMHA REDDY,J Dt:30.04.2009 usd