THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.15625 of 2010 Date:27th August, 2010 Between: M/s.A.Srinivasulu & Co. ... Petitioner a n d 1. The Tahsildar, V.Kota Mandal, Chittoor District & Ors. … Respondents *** THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.15625 of 2010 ORDER: This Writ Petition has been taken out by M/s.A.Srinivasulu & Co. seeking Mandamus declaring the action of the Tahsildar, V.Kota Mandal, Chittoor District-1st respondent in cancelling the lease assignment granted to it in proceedings Roc.B/621/09, dated 17.02.2010 to an extent of Ac.4.05 cents in Survey No.489/2, Gonumakulapalli village, V.Kota Mandal, Chittoor District, as illegal, arbitrary and violative of principles of natural justice. 2. The petitioner claims to have obtained lease in respect of an extent of Ac.4.05 cents of dry land comprising Survey No.489/2 of Ganumakulapalli Village, V.Kota Mandal, Chittoor District, from one Chengappa S/o.Muniswamy for a period of 10 years. Basing on the lease deed, it obtained necessary permission from the Deputy Director of Mines and Geology, Kadapa, Kadapa Distrit-3rd respondent to carry on mining activity in the leased land. The Tahsildar, V.Kota Mandal, Chittoor District-1st respondent, on noticing that the land leased to the petitioner by said Chengappa is an assigned land, initiated proceedings under A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, (for short, ‘the Act’). A Show-cause notice has been issued to the petitioner as well as to the said Chengappa. The petitioner submitted explanation to the said show-cause notice. The 1st respondent proceeded to pass final orders on 17.02.2010 cancelling the assignment of land in favour of said Chengappa and resuming the same to the Government. Assailing the order passed by the 1st respondent, the petitioner has filed this Writ Petition. For better understanding the grievance of the petitioner, I deem it appropriate to refer paras.2 and 3 of the affidavit filed in support of the Writ Petition, which read as hereunder: “2. It is submitted that the 3rd respondent granted lease of Mines in Sy.No.489/2 an extent of Ac.4-05 cents dry land of Ganumakulapalli village, V.Kota Mandal, Chittoor District for the period of 10 years for the purpose of road metal and building stone processing, storing and selling and the Pollution Control Board, Regional Office, Tirupati also granted permission to do quarry in the above said land and the Govt. of A.P., Regional Deputy Director (Town and Country) Planning, Nellore also accorded permission to install 74.5 HMEM to run the petitioner company. While that being so, the 1st respondent herein issued a notice to the petitioner and original assignee Chengappa S/o.Munaswamy stating that according to the provisions of Sub- section (2) Sec.3 of A.P. Assigned Lands (POT) Act, 1977 as the petitioner and original assignee is not eligible as the petitioner is not a landless poor person as the 3rd respondent, Kadapa granted lease on 30.4.2006 for a period of two years in the above said land and the petitioner gave explanation to the said show cause notice and without verifying the records the 1st respondent cancelled the patta granted to the original assignee by name Chengappa S/o.Munaswamy and also the petitioner who is a lease holder of the above land are not eligible for assignment of the above said land as per the provisions of A.P. Assigned Lands (POT) Act, 1977 and cancelled the assignment and ordered for resumption to the Government. 3. It is submitted that without assigning any reasonable orders the 2nd responent conducted panchanama in the above said land and hand over the land which was assigned to the petitioner for a period of 10 years to do quarry for road metal and building stone processing and storing, selling with there being any reasons the 1st respondent cancelled the lease which was granted by 3rd respondent without application of mind. I submit that the petitioner also entered into an agreement with the 3rd respondent after getting the permission to run the quarry.” 3. Notice before admission came to be ordered on 05.07.2010. 4. The 1st respondent filed counter-affidavit. It is stated in the counter-affidavit that the land bearing Survey No.489 admeasuring Ac.49.80 cents in Gonumakulapalle village was classified as ‘Gayalu’ as per A Register. The original assignee Sri Chengappa S/o.Muniswamy has alienated (leased) the DKT land to the petitioner to install stone crusher machine and 74.5 HMEM. As the lease of the petitioner is in violation of the terms and conditions of the assignment, proceedings have been initiated for cancellation of the assignment granted to Chengappa. A show-cause notice has been issued to Chengappa as well as the petitioner and thereafter, final orders came to be passed. 5. Heard learned counsel appearing for the petitioner and learned Government Pleader for Revenue (Assignment) appearing for the 1st respondent. 6. Learned counsel appearing for the petitioner submits that the petitioner invested huge amounts for establishing a stone crusher in the land bearing Survey No.489/2 admeasuring Ac.4.05 cents in Gonumakulapalli village and if the possession of the petitioner is interfered, it would lead to great financial loss to the petitioner. 7. Various other contentions, including pendency of petitioner’s application for alienation of the land, have been raised by the learned counsel appearing for the petitioner. I am not inclined to consider the submissions made by the learned counsel, as the order impugned in the Writ Petition is an appealable order. The petitioner has to avail the remedy of appeal as provided under the Act. 8. Reserving the said liberty to the petitioner, the Writ Petition is dismissed. No costs. _________________________ B. SESHASAYANA REDDY, J. Date: 27th August, 2010. cs THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.15625 of 2010 Date:27th August, 2010