THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.27622 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in interfering with the possession of petitioners over land in S.No.1019/1 admeasuring Ac.2-25 cents in Patta No.814 of Nuzvid Town as arbitrary, illegal and violative of principles of natural justice and consequently direct the respondents not to interfere with the peaceful possession of petitioners in the above said land. According to the petitioners, their grand father Satyala Gangaiah applied for assignment of land as landless poor person and accordingly, the 4th respondent assigned an extent of Ac.2-25 cents in Sy.No.1019/1 on 24.5.1970 on payment of market value by Satyala Gangaiah. Thereafter, the Satyala Gangaiah was issued with ‘D’ form patta and since then he has been in possession and cultivation of the said land by raising Mango plants. The said Satyala Gangaiah, grand father of petitioners, was also issued with Rythu Passbook and thereafter Pattedar Passbook under Patta No.814. According to the petitioners, the conditions of ‘D’ form patta are not applicable to this case, since the land was assigned to their grand father on payment of market value, therefore, the assignment rules are not applicable. Now the grievance of the petitioners is that the respondents 2 and 3 are trying to acquire the subject land without following due process of law. There is no necessity of going into all the details. It is suffice to notice the additional affidavit filed by the District Collector, Krishna, wherein it was stated that the then Tahsildar, Nuzvid has initiated proceedings under A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 by issuing notices on 21.5.2007 and finally passed order in Rc.No.734/2006 dated 22.6.2007 for resumption of subject land to the Government under Section 4(1)(a) of the Act. The two cases of assignment were dealt and separate orders were issued with the same proceedings number and date. It was further stated that the then Tahsildar, Nuzvid has issued a memo to the petitioners on 23.5.2007 informing that the land has already been resumed under Prohibition of Transfer. The land was once again taken possession on 25.6.2007 and house site pattas were issued to the families of Scheduled Castes and Scheduled Tribes and the construction of houses is in progress. It is further stated that the then Tahsildar has not followed the due procedure while the land was resumed and that the construction of houses by the poor families of SCs and STs have been commenced. The land that has been resumed is assigned land, which is now being used for a bonafide public purpose. Whenever assigned land is resumed for public purpose, the assignees are entitled for ex gratia under G.O.Ms.No.1307 Revenue (Assignment-I) Department dated 23.12.1993. Hence, orders will be issued setting aisde the earlier orders passed by the then Mandal Revenue Officer, Nuzvid and the order will be issued by the Revenue Divisional Officer, Nuavid to the effect that the land is resumed for public purpose and ex gratia as entitled under G.O.Ms.No.1307 dated 23.12.1993 will be paid to the assignees. There is no dispute that the possession of the land has already been taken over and handed over for commencement of houses. However, the learned counsel for petitioners states that this was not an ordinary assignment and the assignment was made on payment of full market value. Therefore, even if the lands are resumed to the Government, petitioners are entitled for full market value of the land as on the date of resumption. Under those circumstances, the writ petition is disposed of directing the respondents to complete the process for resumption of land taking into consideration the fact that the petitioners have purchased the land on payment of full market value and the respondents shall consider the payment of market value as on the date of resumption. However, the respondents are directed to complete the process of resumption and payment of compensation, as per law, within a period of six weeks from the date of receipt of this order. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 20.8.2009 Note: Issue C.C. in one week. B/o DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.27622 of 2008 20.8.2009 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.27622 of 2008 Date: 20th August, 2009 Between: Satyala Raghava Rao & 2 others. .. Petitioners And Government of A.P., rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 4 others. .. Respondents