IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11363 of 2008 Between: ..... PETITIONER AND .....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 Counsel for the Petitioners: MR.M.RAJAMALLA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{ } HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.11363 of 2008 ORDER: The petitioner feels aggrieved by notice dated 01-05-2008 issued by the 1st respondent invoking provisions of A.P. Assigned Lands (Prohibition of Alienation) Act, 1977, in respect of Ac.0.35 cents of land in Sy. No.39 of 127 of Siddaram village, Sattupalli Mandal, KhammamDistrict. 2. The petitioner submits that the land in Sy. No.39 is a vast extent of Government land and himself and several others have occupied certain extents and have constructed houses. It is stated that the petitioner had approached the revenue authorities for exchange of the land in his occupation, for the patta land taken from him, for an irrigation canal. It is also his case that neither he has purchased the land nor it was assigned to any one and that the proceedings themselves are untenable. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for revenue. 4. It is only an extra ordinary case that this Court would interfere with the show cause notices. It is not in dispute that the 1st respondent is vested with the power to initiate proceedings under the Act. The question as to whether the land mentioned in the impugned notice was assigned to any one and if so, whether the petitioner has purchased the same, can certainly be examined by the 1st respondent on receipt of an explanation and there is no reason to doubt that the 1st respondent would ignore the basic aspects, such as those mentioned above. 5. Hence, the writ petition is disposed of directing that it shall be open to the petitioners to put forward all his contentions in his explanation to the impugned show cause notice. The 1st respondent shall not evict the petitioner from the land in question or demolish the structures made there on, till any order is passed, and the period of limitation for preferring appeal is exhausted. No costs. ____________________ 29th May, 2008 kvr