THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :997 of 2008 DATED:24-01-2008 BETWEEN: Veeraballi Venkata Chalapathi. ..... PETITIONER AND The Principal Secretary, Revenue, Government of A.P., Secretariat, Hyderabad & 3 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioner seeks a writ of mandamus declaring the action of the respondents in acquiring the land to an extent of Ac.5.00 of Rayachoty mandal, Kadapa District belonging to the petitioner, without following due process of law, as illegal, and arbitrary. 3. It is the case of the petitioner that an extent of Ac.6.24 cents in Sy.No.522/2 of Rayachoty mandal, Kadapa District was assigned in favour of the father of the petitioner, namely Veeraballi Subbanna, vide DKT patta No.483/38, dated 08- 05-1999, and since then the said Subbanna was in continuous possession and enjoyment of the same and after his death in 1961, his sons are in continuous possession and enjoyment of the same. Petitioner is one of the sons of the said Subbanna and out of the said assigned land of Ac.6.24 cents, only Ac.1.24 cents was sold and Ac.5.00 is in possession and enjoyment of the petitioner and in fact, pattadar passbook No.521-M 277621 and title deed were also granted in favour of the petitioner in respect of the said land. It is stated that without issuing any notice under the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, ‘the Act’) and the rules made thereunder, petitioner is sought to be dispossessed for the purpose of assignment of house sites in respect of the said land. 4. Learned Government Pleader submits that in respect of the assigned lands the assignees or the purchasers will not be dispossessed without following due process of law under the provisions of the Act. 5. Having regard to the facts and circumstances, Writ Petition is disposed of directing the respondents not to dispossess the petitioner without following due process of law under the provisions of the Act and the rules made thereunder. There shall be no order as to costs. _________________ V.ESWARAIAH,J 24th January, 2008. Tsy