At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties.

2. This Writ Petition is filed for a Certiorari to quash Proceedings No.A/1448/07, dated 24-05-2008, served on the petitioners on 10-06-2008. The petitioners sought for a consequential direction to the respondents not to interfere with their possession and enjoyment of the land admeasuring Ac.10-34 guntas in Survey No.67/2 of Jellipalli Village, Saroornagar Mandal.

3. The undisputed facts of the case are as under:

The aforementioned land was, originally, granted in favour of one Maqdoom Shareef vide proceedings No.A1, 152/11/56, dated 20-12-1956 under Laoni Rules, 1950, which were in force at that time. The assignee, in turn, sold the said land in favour of the petitioners under a registered sale deed, dated 17-02-1967. Apprehending that the respondents may dispossess them from the said land, the petitioners have filed W.P.No.27997 of 2007, which came to be disposed of by this Court, on 29-01-2008, with a direction to the respondents to follow the due process of law, if they intend to dispossess the petitioners therefrom. Accordingly, showcause notice, dated 14-02-2008, was issued by respondent No.1, proposing resumption of the said land under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘Act 9 of 1977’) and the Rules made thereunder. The petitioners submitted their explanation, dated 06-05-2008, wherein, while initially denying that the land in question is an assigned land, they have, however, stated that even assuming that it was so, the said land was given to one Maqdoom Shareef as a patta under Laoni Rules, 1950, on 20th December, 1956 i.e., much before the issuance of G.O.Ms.No.1406, dated 25-07-1958, by which the Assignment Rules, replacing Laoni Rules, 1950, was brought into force. Purporting to consider the said explanation, respondent No.1 passed the impugned order whereunder it was held that the land in question is a Government Land and that it was assigned to one Maqdoom Shareef through Takhata (statement) Laoni Patta in 1956 and that the purchasers i.e., the petitioners herein failed to prove that the same is not an assigned land. It was also held that the petitioners did not file the patta to prove that the condition of non-alienability was imposed therein. On these premises, respondent No.1 has resumed the subject land in purported exercise of his powers under the provisions of Section 3 of Act 9 of 1977 and directed the eviction of the petitioners therefrom.

4. At the hearing, Sri Vedula Venkataramana, learned Senior Counsel for the petitioners, submitted that the fact that the petitioners’ vendor viz., Maqdoom Shareef was granted a Laoni Patta in the year 1956 is borne out by the impugned order itself. He further stated that for the first time, the condition of non-alienability was incorporated by the State Government though its revised assignment policy introduced in G.O.Ms.No.1406, dated 25-07-1958, and that therefore, respondent No.1 committed a serious error in placing the burden on the petitioners to prove that the patta granted in favour of their predecessor-in-title did not contain the condition of non-alienability. The learned Senior Counsel further submitted that a Division Bench of this Court in Letter sent from Plot No.338, Parvanth Nagar, Borbanda, Hyderabad and others vs. Collector & District Magistrate, Ranga Reddy District at Hyderabad, and others 2008 (5) ALT 313 (D.B.), after an exhaustive consideration of the entire issue, held that the provisions of Act 9 of 1977 will not apply to the alienation of lands covered by pattas/occupancy rights granted under Laoni Rules, 1950, unless the patta contained a condition of non-alienation, and that therefore, unless respondent No.1 has found a condition against alienation in the Laoni patta granted in favour of the petitioners’ predecessors-in-title, h