THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28547 OF 2011 ORDER: The action of the official respondents in not protecting and preserving the petitioners rights in respect of the lands assigned to them for the purpose of construction of house sites, despite their representation dated 08.09.2011, is questioned in this Writ Petition as being illegal, arbitrary and in contravention of the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. A consequential direction is sought to permit the petitioners to complete construction. When the matter was listed on 24.10.2011, this Court observed that pending further orders, the petitioners shall not be evicted from the house sites assigned in their favour earlier. A counter affidavit is now filed by the third respondent wherein it is stated that the petitioners had not completed construction within a period of six months, and they had also alienated the said house sites in favour of third parties by registered sale deeds. According to the official respondents, notice is being issued under Rule 3 read with Forms - I and II of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (for short, “the Rules”) both to the petitioners herein and to the alleged purchasers. In the notice it is also stated that in accordance with the conditions of the assignment construction should have been completed within a period of six months. Sri G. Anandam, Learned Counsel for the petitioners, would submit that the lands were assigned in the petitioners favour only on 29.03.2011; the conditions of assignment stipulated twelve months/six months as the period for completion of construction; the period of twelve months is not yet over; the petitioners are themselves constructing houses on the house sites; they have not alienated the property in favour of third parties; and the action now sought to be initiated by the third respondent is only to favour respondent Nos.4 to 6. Since a notice under Rule 3 read with Forms I and II of the Rules had been issued to the petitioners, it is always open to them to submit their objections thereto raising all the contentions, which have been urged before this Court, therein. Since the Act requires the objections to be considered, and an order passed, before evicting the petitioners from the lands in question, it is made clear that the petitioners shall not be evicted till orders are passed by the third respondent on receipt of the objections from the petitioners. The petitioners shall submit their objections within ten days from today. In case no objections are submitted within the time stipulated hereinabove, it is open to the third respondent to proceed, and pass orders pursuant to the notice issued under Rule 3 of the Rules, in accordance with law. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J October 29, 2011 Note: Issue C.C. by 01.11.2011. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28547 OF 2011 October 29, 2011 MD