HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23456 of 2010 Date 22.09.2010 Between: Venarchi Sivamma and others. ..... PETITIONER AND The District Collector, Anantapur, Anantapur District and others. .....RESPONDENTS Counsel for the Petitioner : Sri G.Prabhakar Sarma, Counsel for Respondents : Assistant Government Pleader for Revenue (Assignments) HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23456 of 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in threatening to dispossess the petitioners from the property admeasuring Ac.0.5½ cents, Ac.0.10 cents, Ac.0.11 cents, Ac.0.11 cents and Ac.0.12½ cents in Sy.No.690 of Kothapeta Village, Gooty Mandal, Anantapur District as illegal and arbitrary. I have heard Sri G.Prabhakar Sarma, learned Counsel for the petitioners, learned Assistant Government Pleader for Revenue (Assignments) and perused the record. It is the pleaded case of the petitioners that one Nadeemulla Abdul Jabbar was the original assignee of the land admeasuring Ac.0.90 cents in the above mentioned survey number. It is their further case that even before the said assignment was made, they are in physical possession and occupation of the land. That when a dispute arose between the original assignee and the petitioners, a compromise decree was passed by the Lok Adalat at Gooty on 23.11.2009. However, by order dated 27.07.2010, respondent No.2 directed eviction of the assignee from the extent of Ac.0.90 cents on the ground that he has violated the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 by selling the same. The petitioners claimed that they are neither assignees nor transferees and, therefore, they cannot be evicted without following due process of law. At the hearing, learned Assistant Government Pleader for Revenue brought to my notice Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977, providing procedure for eviction of the transferee from the lands, following the order of resumption. In my opinion, this provision does not apply to the persons in illegal occupation of the land other than the assignees or the transferees or the persons claiming under them. While the respondents are certainly entitled to evict the unauthorized occupants, they can do so only by following due process of law. If the petitioners are in physical possession, respondent No.2 shall be free to evict them only after following such procedure. Subject to the above observation, the Writ Petition is disposed of. As a sequel to disposal of the main petition, WPMP.No.30020 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Date:22.09.2010 usd