IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 25154 of 2008 Between: Y. Sunitha W/o. Kondoju Sangappa R/o. Mopidi Village, Uravakonda Mandal, Ananthapur District, presently residing at Kalyandurgam Village, Vivekananda Public School, Near Andhra Bank, opp: Airtel Tower, Erukala Street, Ananthapur District. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep. by its Revenue Divisional Officer, Revenue Divisional Office, Dharmavaram, Ananthapur District. 2 The Tahsildar, (Mandal Revenue Officr), Kalyandurgam Mandal, Ananthapur District. .....RESPONDENTS 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 to issue a Writ of Mandamus declaring the proposed action of the respondents in trying to dispossess the petitioner from Survey No.344/1B to an extent of 1141.33 square yards situated at Kalyanadurgam Village and Mandal, Ananthapur District, without following due process of law as envisaged under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act 1977 and the A.P. Assigned Lands (Prohibition of Transfers) Rules 2007 as being arbitrary, illegal, violation of the principles of natural justice and consequently direct the respondents not dispossess the petitioner without due process of law and pass Counsel for the Petitioner:MR.SREEMANNARAYANA VATTIKUTI Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25154 of 2008 ORDER: The petitioner is allegedly owner of land admeasuring Ac.0.23 ½ (1141.33 sq.yards) in survey No.344/1B situated in Kalyandurgam Village and Mandal, Ananthapur District. She allegedly purchased the same under a registered sale deed dated 31.12.2001 from one Thimmappa, who was statedly assigned said land three decades ago. The petitioner alleges that in the ﬁrst week of November, Tahsildar, Revenue Inspector and Surveyor took measurements of the land proclaiming that they will take possession of the property as she is in occupation in violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, (the Act, for brevity). Apprehending coercive dispossession, she filed instant writ petition. It is not disputed that Thimmappa was assignee and that land in his occupation is covered by the provisions of the Act, but it is the submission of the learned counsel for the petitioner that unless the procedure is followed under Section 4 of the Act read with the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (the Rules, for brevity), the petitioner cannot be dispossessed. There cannot be any dispute on this nor it is denied by the learned Assistant Government Pleader for Revenue. Therefore, the writ petition is disposed of at the admission stage observing that the respondents cannot dispossess the petitioner without following procedure contemplated under the provisions of the Act and the Rules. No costs. _____________ (V.V.S.RAO, J) 17th November, 2008 Note: Issue CC in one week. (B/o) GHN To 1 The State of Andhra Pradesh, rep. by its Revenue Divisional Officer, Revenue Divisional Office, Dharmavaram, Ananthapur District. 2 The Tahsildar, (Mandal Revenue Officr), Kalyandurgam Mandal, Ananthapur District. 3 2CCs to GP for Revenue 4 2CD copies Form-NIC-OGS/WP{MSN}