ORDER:

The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ of Mandamus or any other appropriate writ direction order or orders declaring the action of the 4th respondent herein in cancel the assignment patty vide proceedings in ROC No. B/354/2015 dt 22.06.2015 as well as notice dt 02.06.2015 in ROC No.B/295/20I5 inspect of the petitioner exclusive peaceful possession and enjoyment of the agricultural lands in Sy.Nos. 667/2A admeasuring Ac.344 cents situated at Surappakasam village fields Renigunta Mandal Chittoor District without prior notice or without conducting any enquiry as wholly arbitrary illegal and without jurisdiction and void and violated the principles of natural justice and affected the petitioner rights guaranteed under the Article 14, 21 and 300A of the Constitution of India and consequently direct the 4th respondent herein to re-enter the petitioner name in the Adangal/1-B (RoR) by set aside the proceedings in ROC/B/354/2015 dt 22062015 as well as notice dt 02062015 vide ROC/B/295/2015 obtained under RTI Act with reference to the Sy.No.667/2A admeasuring Ac. 3-44 cents situated at Surappakasam village fields Renigunta Mandal Chittoor Districtorder.”

The case of the petitioner is that the petitioner was assigned the land to an extent of Ac.3-44 cents in Sy.No.667/2A, situated at Surappakasam village fields, Renigunta Mandal, Chittoor District. Since then, he was in possession of the said assigned land to him. Without following procedure under Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, the respondents are trying to evict the petitioner from the subject property which is impermissible under law. Hence, the petitioner has requested to issue a direction to the respondents.

The respondents filed counter affidavit raising specific contents that the patta was granted in favour of the petitioner and the land was resumed to the Government by following due process of law by the Tahsildar, Renigunta Mandal, Chittoor District vide proceedings in ROC No.B/354/2015, dated 22.06.2015, the DKT pattadars are non residents of Surappakasam village, and also Renigunta Mandal, as such they are not eligible for grant of DKT pattas, the DKT lands never been brought to cultivation, therefore notices were issued to the DKT pattadars whose names are appearing in the adangal. Thus the petitioner has no right or title over the property as on date of filing the writ petition and out of possession. Hence, the writ petition is liable to be dismissed.

Heard learned counsel for the petitioner and learned counsel for the respondents.

As seen from the material available on record, though the pattas were granted in favour of the petitioners, the land was resumed for violation of the condition of the patta. But it is not known, whether the respondents followed the procedure prescribed under Rule 3 of the Rules or not. Since, it is not under challenge, this court is not required to adjudicate upon the legality of the procedure followed. Hence, as on date, the petitioner has no right in view of the resumption order passed by the respondents and out of possession. However, liberty is given to the petitioner to challenge the resumption proceedings dated 22.06.2015.

In view of the above facts, this writ petition is dismissed, granting liberty to the petitioner to challenge the resumption proceedings dated 22.06.2015. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 30-12-2021 SSP THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.35487 OF 2015 Date: 30-12-2021 SSP