IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11077 of 2008 Between: M. Dayakar S/o. M. Yerriswamy R/o. Raptadu Village and Mandal, Anantapur distirct. ..... PETITIONER AND 1 The Tahsildar, Raptadu, Anantapur District. 2 The Revenue Divisional Officer, Anantapur. 3 The District Collector, Anantapur. .....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 an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings vide No. R.C.No.B.199/2008 dated 3-5-2008 issued by 1st respondent trying to resume land of the petitioner an extent of 2.50 cents in Sy. No. 140-13p situated in Raptadu Village and Mandal, Anantapur district without following procedure contemplated under A.P. Assigned lands ( Prohibition of Transfers) rules 1977, without giving any opportunity and without conducting any enquiry as is illegal, arbitrary, violation of Principles of natural justice and violation of fundamental rights guaranteed under articles 14, 19(1) (g) of the constitution of India and consequently to direct the respondents to forbear from dispossessing the petitioner from the land, an extent of 2.50 cents in Sy.No. 140-13p situated in Raptadu Village and Mandal, Anantapur District and pass Counsel for the Petitioner:MR.S.D.GOWD Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.11077 of 2008 ORDER: 1. The petitioner is assignee of land of an extent of Ac.2.50 cents in Survey No.140-2p and Ac.2.50 cents in Survey No.140-13p of Raptadu Village. The first respondent has issued a show cause notice dated 03-05-2008 stating that the petitioner had violated the conditions of assignment in respect of Ac.2.50 cents of land in Survey No.140-13p and required the petitioner to show cause as to why the said land shall not be resumed to the Government. The petitioner claims to have submitted explanation on 09-05-2008. His grievance is that even while the proceedings are pending, the respondents are trying to resume the land. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. 3. The first respondent felt that the petitioner violated the conditions of assignment in respect of Ac.2.50 cents in Survey No.140-13P and accordingly issued a notice. Any further action against the petitioner can be taken only after an order is passed on the basis of explanation submitted by the petitioner. There cannot be any justification to disturb the possession of the petitioner over the said land before a final order is passed. 4. The writ petition is disposed of directing that the first respondent shall not evict the petitioner unless and until a final order in pursuance of the show- cause notice dated 03-05-2008 is passed. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 22-05-2008 Stp/Tsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}