M. Ganga Rao, J.

1. This writ petition is filed to declare the proceedings in Rc. No. 27/05/A, dated 16.5.2005, issued by the 3rd respondent, as illegal and arbitrary an consequently, direct the respondents not to dispossess the petitioner from the residential house situated in an extent of 651 Square yards of land in Sy. No. 159/3 of Kommadi Village of Visakhapatnam (Rural) Mandal, Visakhapatnam. The case of the petitioner is that one Uppada Gurayya S/o. Lakshmayya was the owner of the land of an extent of Acs. 2.50 cents covered by Patta No. 114 in Sy. No. 159/3 of Kommadi Village, Chinagadili Mandal, Visakhapatnam District. The said land was part of Zamin Estate and was Ryotwari. Said Uppada Gurayya sold the land to one Manthina Seethamma W/o. Narasimha Raju by a registered sale deed dated 21.6.1971 and she was in possession and enjoyment of the said land for sometime and thereafter, by registered sale deed dated 10.11.1976, she sold the land to S. Gurunadha Rao S/o. Sanyasayya. The said Gurunadha Rao made the said land into plots and sold an extent of 615 Square yards to the petitioner through registered sale deed dated 30.3.1991 for a valuable consideration of Rs. 24,600/- which was the prevailing market rate. It is the further case of the petitioner that he does not own or possess any land except the above plot. In the year 1991, after obtaining the permission from the Gram Panchayat, the petitioner constructed a house and residing there. The Gram Panchayat was collecting property tax from the year 116 onwards. Thereafter, Kommadi Village has been merged in the Greater Visakhapatnam Municipal Corporation and the Corporation issued notice dated 18.6.2006 to the petitioner directing payment of Rs. 142/- as property tax. The petitioner is continuing in possession and enjoyment of the said property.

2. While so, the 3rd respondent issued notice dated 24.1.2005 under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfer) Rules 1977 (for short 'the Rules, 1977') to S. Gurunadha Rao calling for explanation as to why the land of an extent of Acs. 2.50 cents covered by S. No. 159/3 of Kommadi Village should not be resumed as it is assigned land and that he acquired the land in contravention of provision of the Act 9 of 1977. Thereafter, the 3rd respondent issued proceedings, dated 16.5.2005 stating inter alia that S. No. 159/3 of Kommadi Village of Visakhapatnam Rural Mandal was classified as Assessed Waste Dry (Government Land) as per records and was assigned to Uppada Gurrayya S/o. Lakshmayya and that S. Gurunadha Rao purchased an extent of Acs. 2.50 cents vide Document No. 2508/1976 dated 10.11.1976 from Smt. M. Seethamma W/s. Narasimha Raju, that the said land is Government land and therefore, the transfer was null and void. It is further stated that a show-cause notice in Form 1 under Rule 3 of the Rules, 1977 was issued to S. Gurunadha Rao and the explanation submitted by him was not satisfactory, and as per Rules no landless poor person shall transfer any assigned land and no person shall acquire any assigned land either by lease, gift, mortgage, purchase, exchange or otherwise as such the transaction was null and void and that the land was situated midst of the developed area and also in Urban Agglomeration.

3. The 3rd respondent filed counter on behalf of the other respondents also, stating that the village Kommadi was taken over under the provisions of Estate Abolition Act, 1948, alongwith other villages of Viziaganaram Estate. After the abolition of the Estate, regular survey and settlement were conducted and were completed in the year 1958. During the course of settlement operations, the settlement authorities entertained all the claims and determined the new rights under the Estate Abolition Act. They prepared the settlement Fair Adangal and other records such as S.F. VII and S.F. VIII. The settlement Fair Adangal is a document of title showing individual ownership rights as determined or settled under the A