THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :3104 of 2008 DATED:15-02-2008 BETWEEN: C.R.Balakrishna & another. ..... PETITIONERS AND The Tahsildar, Anantapur mandal, Anantapur District & another. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the respondents in taking steps to dispossess the petitioners from the land in Sy.No.117.1 admeasuring Ac.3.00 of Narayanapuram village of Anantapur mandal, Anantapur District without issuing any notice, as illegal, and arbitrary. 3. It is the case of the petitioners that an extent of Ac.3.00 in Sy.No.117-1 of Narayanapuram village, Anantapur mandal and District was assigned vide D.Dis.No.2120/65, dated 29-09-1962, in favour of the father of the petitioners, namely Chakala Chenna Rayudu, he being a landless poor, for the purpose of cultivation and the said Chennarayudu died on 12-01-1981. The said land is inheritable and therefore petitioners inherited the same. There is no violation of the conditions of the assignment, D-Form patta, or the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’). While so, it is stated that without following the due process of law the said land is sought to be dispossessed. 4. Learned Government Pleader produced a copy of the order in R.Dis.No.B/540/07, dated 17-07-2007, stating that the father of the petitioner was the assignee of the said land and a notice, dated 15-06-2007, was issued to the original assignee/legal heirs of the assignee and as the legal heirs of the assignee are not residing in the village, substitute service has been made on 02- 07-2007 and the resumption orders have been passed resuming the said land directing the Revenue Inspector-II, Anantapur to take possession of the said land. It is the case of the petitioner that no notice has been issued and there is no violation of the terms and conditions and having assigned the said land forty seven years back, there cannot be any justification in resuming the land without following due process of law. 5. As an appeal lies against the said order and having regard to the facts and circumstances petitioners are permitted to file an appeal before the Revenue Divisional Officer, Anantapur against the said resumption order of the 1st respondent, dated 17-07-2007, within two weeks from today and pending disposal of the appeal status quo obtaining as on today with regard to possession shall be maintained in all respects without assigning the said land in favour of any third parties. 6. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 15th February, 2008. Tsy