HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25957 of 2008 Date : 20.09.2011 Between : Konki Nageswara Rao. …..Petitioner And The District Collector, East Godavari District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25957 of 2008 ORDER : Though interlocutory matters are listed, at the request of learned counsel for the parties, the writ petition itself is heard and is being disposed of. In the writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondent No.3 in interfering with his agricultural operations on the land admeasuring Ac.0.62 cents covered by old Sy.No.136/6, new Sy.Nos.236/11 and 232/10 of N.Kothapalli village of Uppalaguptam Mandal in East Godavari District, as illegal and arbitrary. It is the case of the petitioner that he is the owner and possessor of the aforesaid land and that settlement patta is issued in favour of his grandfather in 1926, and D- Form patta was also issued in the name of his father, and as the lands assigned by grant of D-Form patta are inheritable, he succeeded to the property and is in its possession. In this writ petition, it is the grievance of the petitioner that though he is in possession of land, the 3rd respondent-Tahsildar is interfering with his agricultural operations in the aforesaid land. A detailed counter affidavit is filed by the 3rd respondent-Tahsildar. In the counter, while denying the grant of rythwari patta as claimed by the petitioner, it is stated that the aforesaid land was granted to the petitioner’s father by way of D-Form patta, in the year 1971. It is further stated that as the possession of aforesaid land covered by D-Form patta was found to have been in possession of some third party by name Kondepudi Narasimhamurthy, who claimed purchase of the same, proceedings were initiated under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (Act 9 of 1977). Counter further states that as the provisions of Sub-Sections (1) and (2) of Section 3 of the said Act are contravened in respect of the aforesaid land, the Tahsildar, by order dated 29.06.2007, issued in Ref.No.B/113/07, ordered for restoration of land in the name of Sri Konki Nageswara Rao son of Pallaiah, who is the petitioner herein and the said order was also served on the petitioner. Although it is the case of respondents that a third party was in possession, it is asserted by the learned counsel for petitioner that the land was not sold at all and only on the ground that one Kondepudi Narasimhamurthy has paid land revenue on his name, proceedings were initiated under Act 9 of 1977 without verifying the actual possession over the land in question. As much as the order, dated 29.06.2007, is passed for restoration of land to the petitioner, as the original grant in favour of the Late father of the petitioner is not in dispute, and even as per the counter affidavit, possession is ordered to be restored to the petitioner herein, I deem it appropriate to dispose of the writ petition, directing the respondents to allow the petitioner to cultivate the aforesaid land and not to interfere with the same. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 20th September 2011 ajr