THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 56 of 2008 Date:28-01-2008 Between: Kammari Narsimha Chari .. PETITIONER AND The District Collector, Ranga Reddy District and another .. RESPONDENTS ORDER: The petitioner seeks a writ of mandamus to declare the action of the respondents in dispossessing him from the schedule property without following due process of law, as illegal and arbitrary. It is the case of the petitioner that he is the owner and possessor of agricultural lands in Sy.No.151/5/2 admeasuring Ac.2.02 guntas and Sy.No.151/6/2 admeasuring Ac.1.25 guntas totaling Ac.3.27 guntas situated at Himayathnagar, Moinabad mandal, Chevella taluq, Ranga Reddy District having obtained laoni patta, patta pass book and title pass book were also issued in 2002. It is stated that the said land has been in continuous possession and enjoyment of the petitioner and his father. While so, when the third parties were interfering, the petitioner filed suit and obtained interim orders of status-quo. It is further stated that presently the respondents are interfering with the peaceful possession and enjoyment of the lands of the petitioner. The learned Government Pleader appearing for the respondents submits that an extent of Ac.2.02 guntas in Sy.No.151/5/1 of Himayathngar village, Moinabad mandal was assigned in favour of the father of the petitioner viz. Kammari Ramaswamy and since the assignee sold the said land to one Narayan Singh against assignment rules, the Mandal Revenue Officer, Moinabad resumed the said lands along with some other lands vide Proceedings No.B/88 & 964/2001, dated 09.03.2002 and house site pattas were given to the weaker sections in the said land. Insofar as the land in an extent of Ac.1.25 guntas in Sy.No.151/6/2 is concerned, it is stated that the said land was also assigned in favour of the father of the petitioner and it was also sold to Narayan Singh and Roop Singh, but no action has been taken so far. That being so, I am of the opinion that as long as the said lands are inheritable, the petitioner being the son of Kammari Ramaswamy, is entitled to enjoy the said land of Ac.1.25 guntas in Sy.No.151/6/2. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioner from the land to an extent of Ac.1.25 guntas in Sy.no.151/6/2 situated at Himayathngar village, Moinabad mandal without following due process of law. However, the claim of the petitioner in respect of the land to an extent of Ac.2.02 guntas in Sy.No.151/5/2 is dismissed with liberty to question the Proceedings of the Mandal Revenue Officer, Moinabad vide No.B/88 & 964/2001, dated 09.03.2002. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:28.01.2008 ccm