THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.4500 OF 2006 Dated: 07-03-2006 Between Mediboyina Ramanamma W/o. Late Suryanarayana, Opposite Navodaya School, Kommadi, Madhurawada, Visakhapatnam District. …PETITIONER AND The District Collector, Visakhapatnam, Visakhapatnam District and others. …RESPONDENTS ORDER: This writ petition is filed seeking a Writ of Mandamus to declare the action of the respondents in proceedings with the process of evicting the petitioner and demolishing the structures pursuant to the Notice Rc.No.1220/2005 A dated 19.01.2006 issued by the second respondent without considering the reply dated 10.02.2006 submitted the petitioner as illegal and arbitrary. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring Ac.0.73 cents in Sy.No.151/4 and Ac.2.00 in Sy.No.152/2 of Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam district and eking out livelihood from the income derived from the trees raised in the said land. While so, the Mandal Revenue Officer – second respondent issue notices in Form I under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977 (for short ‘the Rules’) in Rc.No.1220/2005 A dated 19.01.2006 calling upon the petitioner to show cause within fifteen days as to why she should not be summarily evicted from the said land of Ac.0.73 cents in Sy.No.151/4 and in respect of land in an extent of Ac.2.00 cents in Sy.No.152/2 on the ground that the said lands are assigned and the petitioner is in illegal possession in contravention of the provisions of sub-section (2) of Sectino3 of the Andhra Pradesh Assigned Lands (Possession of Transfers) Act, 1977 (for short ‘the Act’). Pursuant to the notices dated 19.01.2006 petitioner filed explanation through his advocate on 10.02.2006 but no order has been passed, after considering the said explanation, which is an appellable order under Section 4(A) of the Act. I am not inclined to express any opinion with regard to the right and title of the petitioner; if the said lands are assigned lands and if the petitioner is really in illegal possession of the same in contravention of the provisions of sub-section (2) of Section 3 of the Act, the only course open for the respondents is to pass an order under Section 4(A) of the act and till such orders are passed the respondents cannot interfere with the possession of the petitioner and dispossess her. Accordingly, the writ petition is disposed of directing the second respondent to pass orders pursuant to the said notice and explanation filed by the petitioner and till the same is communicated to the petitioner, status quo obtaining as on today with regard to the possession of the land shall be maintained. ______________ V. ESWARAIAH, J March 7, 2006 DSK