IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28601 of 2008 Between: Kaluguru Kondappa, S/o. late K.subbanna, R/o. Alamuru Village, Anantpaur Rural Mandal, Ananthapur District. ..... PETITIONER AND 1 The District Collector, Ananthapur District, Ananthapur. 2 The Revenue Divisional Officer, Anantapur, Anantapur District. 3 The Tahsildar, Anantapur Mandal, Ananthapur, Ananthapur District. .....RESPONDENT(S) 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd resopndent in issuing the impugned notice under RC.No.(B) 1406/2008 dated 30.11.2008 to the petitioner calling for expalnation as to why the land admeasuring Ac.2.70 cents situated in S.No.288 of Alamuru Village belongs to the petitioner shall not be resumed for the public purpose under INDIRAMMA GRUHA NIRMANA PADHAKAM treating the said as an assigned land ingonring that fact that it is a patta land is highly illegl, improper, unjust, arbitrary, violation of fundamental rights guaranteed under 14 and 300-A of the Constitution of India and a consequential direction direct the respondents to drop all further proceedings in pursuance of the notice under RC.No.(B) 1406/2008 dated 30.11.2008 including dispossession of the petitioner from the land admeasuring Ac.2.70 cents situated in S.No.288 of Alamuru Village, Anantapur Mandal and District and pass Counsel for the Petitioner: MR.GANDURI NAGESWARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO. 28601 OF 2008 ORDER: 1. Heard learned counsel for the petitioner as well as learned Government Pleader for Revenue and with their consent this writ petition is being disposed of at this stage. 2. The petitioner claims that the land bearing Sy.No. 288, admeasuring Ac.2-70 cents situated at Alamur village, Ananthapur Mandal and district is his patta land which, according to respondent No.3-Tahasildar, Anantapur Mandal and district, is subject matter of Dharakast Patta as presumed by him under the impugned notice dated 30.11.2008. The petitioner submits that he has filed his explanation on 1.12.2008 to the said notice. The validity of the said notice is questioned in this writ petition. However, in view of the fact that the petitioner has raised his contentions in the explanation which he has filed on 1.12.2008, I deem it appropriate to direct the respondent No.3-Tahasildar, Anantapur Mandal and district to pass a reasoned order on the explanation dated 1.12.2008 filed by the petitioner in response to the impugned notice. Till such orders are passed by the respondent No.3, no coercive steps be taken against the petitioner in respect of the aforesaid land. 3. With the above direction, the writ petition is disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 29.12.2008 NB: Copy of order be furnished in two days. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Ananthapur District, Ananthapur. 2 The Revenue Divisional Officer, Anantapur, Anantapur District. 3 The Tahsildar, Anantapur Mandal, Ananthapur, Ananthapur District. 4. 2 CCs to GP for Revenue 5. 2 CD copies Form-NIC-OGS/WP{LS}