THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27837 OF 2007 DATED: 11-02-2008 BETWEEN Pokala Venkata Subba Rao, S/o. Late Naraiah, Occ: Cultivation, R/o.20-1-41, Bandla Mitta, Ongole, Prakasam District and others. …PETITIONERS AND The District Collector, Prakasam District, at Ongole and others. …RESPONDENTS ORDER: Petitioners question the order of the Tahsildar, Santhanuthalapadu Mandal, Prakasam District in proceedings No.R.C.A.151 of 2007 dated 22.11.2007 passed under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’) stating that the subject matter of the lands are assigned lands and the assigned lands have been alienated in violations of the provisions of the Act and accordingly sought to cancel the pattadar passbooks and title deeds granted in their favour. 2. Petitioners submit that they have purchased various extents of land in Sy.No.610/1 and 611/1 of Pernamitta Village, Santhanuthalapadu Mandal, Prakasam District during the year 1982-83 under various registered sale deeds and the said land is not an assigned land. Therefore, the impugned passed by the Tahsildar exercising powers under the Act is illegal and without jurisdiction. 3. Learned Government Pleader obtained written instructions dated 28.12.2007 from the Tahsildar stating that the land in Sy.Nos.610 and 611 is assessed waste dry Government land as per the RSR of the village and the alienation of the Government land is illegal and arbitrary and the purchasers/petitioners have illegally and irregularly got registration of the said lands. The illegal restrictions were detected during the course of Government Assigned Lands Verification programme and the accordingly notices in Form I and II have been issued and final orders have been issued canceling the pattadar passbook and title deeds issued in respect of the said land. 4. Even as per the written instructions it is not the case of the respondents that the said land is assigned land. If the said land is not an assigned land and it is a Government land, the cancellation of pattadar passbook and title deeds by exercising powers under the Act is illegal and unsustainable. If it is a Government land and the petitioners are encroachers, the only course open to the respondents is to initiate action under the Andhra Pradesh Land Encroachment Act. Therefore, the impugned order is without jurisdiction and it is unsustainable. The writ petition is accordingly allowed setting aside the impugned order insofar as the petitioners are concerned. However, the respondents are at liberty to take appropriate action in accordance with law. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 11, 2008 DSK