THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1661 of 2008 DATED:04-02-2008 BETWEEN: D.Rajeswari. ..... PETITIONER AND The State of A.P., Rep., by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 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 in interfering with the peaceful possession of the petitioner in respect of her house site plots bearing Nos.5 and 6 admeasuring 436 sq.yards in Sy.No.212/2 situated at Turkayamjal village, Hayathnagar mandal, Rangareddy District, without following due procedure of law, as illegal, and arbitrary. 3. It is the case of the petitioner that she has purchased an extent of 436 sq.yards in Sy.No.212/2 of Turkayamjal village, Hayathnagar mandal from the original owner-Savitri Reddy who is said to have obtained the lay out for the house sites. It is stated that pursuant to the purchase of the said land in 1987, petitioner is not in occupation and possession of the same. While so, the 3rd respondent-Mandal Revenue Officer, Hayathnagar mandal came along with his men and a JCB on 25-01-2008 and started demolishing the fencing. Hence, the present Writ Petition. 4. Learned Government Pleader submits that the land in Sy.No.212/2 admeasuring 41.12 guntas is classified as ‘gairan sarkari’ (government land) and the Government allotted an extent of Ac.20.00 out of the said land in favour of the Ex-servicemen, and as the Ex-servicemen violated the conditions of the Assignment and the Government Orders issued from time to time, the assigned land was resumed. It is stated that an extent of Ac.5.00 was assigned in favour of one B.Vittal Reddy, and another extent of Ac.5.00 was assigned in favour of one B.Rajamma, they being landless poor, and the assigned land is not alienable but only inheritable and as they have sold the said land in violation of the provisions of Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, ‘the Act’), the same was resumed and taken into the custody of the Government on 18-01- 1993 under cover of panchanama. It is stated that pursuant to the cancellation of the assignment made in favour of the said Vittal Reddy by the Joint Collector vide his proceedings in File No.D1/5779/87, dated 21-08-1987, the land was resumed and allotted to the Housing authorities towards construction of houses to the weaker sections of the Society under ‘Indiramma programme’. Thus it is the case of the respondents that the petitioner is not in possession of the said land. 5. In view of the aforesaid facts and circumstances, I am of the opinion that the disputed questions of facts cannot be decided in this Writ Petition. 6. Accordingly, Writ Petition is dismissed with a liberty to the petitioner to question the said cancellation order and establish her right, title in a civil Court. There shall be no order as to costs. _________________ V.ESWARAIAH,J 04th February, 2008. Tsy