THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.19013 of 2006 ORDER: The relief sought for in this Writ Petition is for a direction to the respondents either to pay compensation to the petitioners for taking possession of their irrigated dry land of an extent of Ac.1.30 cts in Sy. No.182/9 of Nidumukkala Village, Tadikonda Mandal, Guntur District or in the alternative to redeliver possession of the land to the petitioner. The petitioners, two in number, claim to be the grandson and the adopted daughter of Sri G. Ramaiah who was assigned the aforesaid land in the year 1977. Sri G. Ramaiah is said to have gifted the said land in favour of both the petitioners through gift deed dated 06.04.1998. The petitioners claim to be in possession and enjoyment of the property thereafter. They also claim to have dug a borewell, to have obtained an electricity service connection, and to have erected an electric motor pump investing huge amounts. On the ground that the petitioners’ land was required for “Neeru Meeru programme”, the respondent authorities had taken possession of the land. It is the petitioners’ case that they had stepped into the shoes of the original assignee by virtue of the gift deed dated 06.04.1998, and the pattadar pass book; the respondents were disentitled from evicting them except by following the procedure established by law; and they are entitled to be paid exgratia, as stipulated under the provisions of the Land Acquisition Act, more so as they are also the legal heirs of late Sri G. Ramaiah. In his counter affidavit, the 3rd respondent places reliance on Section 3(1) of the A.P. Assigned Land Prohibition of Assignments Act to submit that gift of assigned land is prohibited. He would submit that the petitioners were never in possession of the land in question; and, since there were no legal heirs of the original assessee and as the land belonged to the Government, the said land was resumed and was handed over for the Rural Water Supply Scheme. As noted hereinabove, Section 3(1) of the A.P. Assigned Land Prohibition of Assignments Act prohibits gift of assigned land. As gift of the assigned land by the original assignee is prohibited, the gift deed would not confer any right on the petitioners herein to claim title over the said extents of land. A perusal of the pattadar passbook would show that the petitioners were issued the said passbook solely on the basis of the gift deed and, in as much as assigned land cannot be gifted, the pattadar passbook is also of no assistance to the petitioners herein in claiming title over the land. The Board Standing Order No.15 stipulates that, while assigned land is heritable, it is not alienable. Learned Counsel for the petitioners would contend that the 1st petitioner is the maternal grandson of late Sri G. Ramaiah, and the 2nd petitioner is his adopted daughter; and, in the absence of any Class-I heirs, the petitioners are entitled, under the Hindu Succession Act, to be treated as heirs of late Sri G. Ramaiah. Whether or not the petitioners are the legal heirs of Sri G. Ramaiah is a disputed question of fact which this Court would not examine in proceedings under Article 226 of the Constitution of India. While the petitioners would assert that they were in possession of the land in question before they were forcibly dispossessed, this fact is also disputed by the respondents in their counter affidavit. Since this is also a disputed question of fact, I see no reason to now put the petitioners back in possession of the land, more so as the Government has resumed the land in June, 2000 and has handed over the land to the Rural Water Supply Scheme soon thereafter. Suffice to observe that, if the petitioners claim to be the legal heirs of late Sri G. Ramaiah is true, then they ought to have obtained a Succession Certificate granted by a competent Civil Court. The only relief which the petitioners could, possibly, be entitled to is for payment of ex-gratia which would only arise if they are held to be the legal heirs of late Sri G. Ramaiah by a Competent Civil Court, and the competent authority is satisfied that they are entitled to be treated as the legal heirs of the original assignee. In the event the petitioners produce a succession certificate from the competent civil Court to show that they are the legal heirs of late Sri G. Ramaiah, the respondent shall examine the same in accordance with the provisions of the Board Standing Orders and the condition of assignment; and, in case they are satisfied that the petitioners are the legal heirs of late Sri G. Ramaiah, they shall also consider the petitioners entitlement to be paid ex-gratia in accordance with law. The Writ Petition is disposed of accordingly. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 11.11.2010 MRKR