THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.32406 OF 2011 ORDER: The action of the fourth respondent, in preventing the petitioner from entering into his lands of an extent of Ac.0-61 cents, Ac.1-05 cents and Ac.1-06 cents in Survey Nos.920/8, 920/9 and 920/10 respectively, of Kanupur Bit – II, Choutapalem Village, Venkatachalam Mandal, SPSR Nellore District, is under challenge in this Writ Petition as being arbitrary and illegal. The petitioner was assigned government lands, and was issued D-Form patta in the year 1986. Thereafter a notice in Form-I was issued calling upon the petitioner to show cause why the assignment granted in his favour earlier should not be cancelled. The petitioner claims to have submitted his objections thereto. It is his grievance that no orders were passed on his objections nor were any orders of resumption passed; and the fourth respondent had orally instructed him not to enter into the subject lands. When the matter came up on 09.12.2011, Learned Government Pleader for Revenue (Assignment) sought time to obtain instructions. Thereafter the matter suffered another adjournment on 20.12.2011. Today the Learned Government Pleader, on instructions, would submit that the petitioner had obtained assignment by misrepresenting facts; for irregular assignment of government lands based on misrepresentation/fraud the Board Standing Orders stipulates that it is the District Collector who is empowered to initiate action; and the fourth respondent had submitted his report to the District Collector requesting that necessary action be taken to cancel the assignment granted hitherto in favour of the petitioner. The fact, however, remains that the assignment granted in favour of the petitioner has not been cancelled till date nor has any orders of resumption been passed. Till such orders are passed, the petitioner cannot be prevented from entering or retaining possession of lands assigned earlier in his favour. I consider it appropriate, in such circumstances, to dispose of the Writ Petition directing the respondents not to interfere with the petitioner’s possession over the lands assigned in his favour till orders are passed for cancelling the earlier assignment, and for resumption of the subject lands. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J December 22, 2011 Note: Issue C.C. in one week. B/O.MD