IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17384 of 2005 Between: 1 M. Ram Reddy, S/o. Malla Reddy, R/O. Aziznagar Village, Moinabad Mandal, Ranga Reddy District, Andhra Pradesh. 2 M. Buchi Reddy, S/o. Malla Reddy, R/O. Aziznagar Village, Moinabad Mandal, Ranga Reddy District, Andhra Pradesh. ..... PETITIONER(S) AND 1 The District Collector, Ranga Reddy District, At Lakdikapool, Hyderabad. 2 Mandal Revenue Officer, Moinabad Mandal, Ranga Reddy District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in trying to dispossess the petitioners from agricultural land in Sy.No. 176/67, to an extent of Ac. 5-00 guntas, situated at Aziznagar revenue Village, Moinabad Mandal, Ranga Reddy District and allotting land to BSF without authority of law as sillegal, arbitrary and violative of principles of natural justice and violative of Art. 14, 19, and 21 of the Constitution of India and consequently award compensation for illegal interference of respondents and pass any other order in the interest of justice. Counsel for the Petitioner:MR.M.LAXMAN Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Grandsons of late Chenna Reddy filed this Writ Petition to declare the action of the respondents in trying to dispossess them from the agricultural land in Sy.No.176/67, to an extent of Ac.5.00 gts., situated at Aziznagar Village, Moinabad Mandal, Ranga Reddy District and allotting the same to B.S.F. without authority of law, as illegal, arbitrary and consequently restrain them from dispossessing the petitioners from the said land. According to the petitioners, their grandfather late Chenna Reddy had four sons namely; (1) Laxma Reddy; (2) Sathi Reddy; (3) Sai Reddy; & (4) Malla Reddy. Laxma Reddy being the head of the erstwhile joint family, his name was recorded in the revenue records. In the oral partition among the sons of late Chenna Reddy, the lands in Sy.Nos.176/67 and 68 were allotted to the share of late Malla Reddy, who is the father of the petitioners and mutation was effected in the year 2002 in the name of the petitioners in respect of the land to an extent of Ac.5.00 in Sy.No.176/67. The said land was partitioned among the petitioners and each of them has got an extent of Ac.2.20 gts. According to the petitioners, they have not violated any provisions of the Assigned Land (Prohibition of Transfers) Act and therefore, they cannot be dispossessed from the subject-land. In response to the Rule Nisi, the Mandal Revenue Officer, Moinabad Mandal, Ranga Reddy District, second respondent herein filed a counter affidavit admitting the petitioners to be the legal successors of the original assignee of the subject-land and stated that no transaction has taken place and no action has been initiated against the petitioners under the provisions of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977. The second respondent specifically denied the allegation that the land in Sy.No.176/67 to an extent of Ac.5.00 gts. is proposed for allotment to B.S.F. It is stated that when the Government lands, which are adjacent to Sy.No.176/67 were demarcated, the petitioners filed the writ petition on mere apprehension. The second respondent categorically admitted that they have not initiated any action nor taken steps to dispossess the petitioners from the subject-lands. It appears that the petitioners filed the writ petition on apprehension of their dispossession from the subject-land by the respondents. The apprehension of the petitioners is not based on sound reasons. Under the circumstances, the writ petition is dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 15.04.2008 Tsr. To 1 The District Collector, Ranga Reddy District, At Lakdikapool, Hyderabad. 2 Mandal Revenue Officer, Moinabad Mandal, Ranga Reddy District. 3 Two C.Cs. to G.P. for Assignment, High Court Buildings, (OUT) 4. Two C.D. copies.