ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue an appropriate Writ order or directions mostly one which is in the nature of a Writ of mandamus declaring the action of the 1st Respondent in not taking steps to evict the 3rd Respondent from the subject house site plot bearing No. 23-A in Obulaiah Nagar Layout in Survey No 563/2A of Kollur village and Mandal, Kurnool District as illegal, irregular, arbitrary, unreasonable and unsustainable and to direct the respondents to restore the same to the petitioner…”

2. Brief facts of the case are that the petitioner is in peaceful possession and enjoyment of the house site /plot No. 563/A and 563/2AB of Obulayya Nagar, Layout of Kallur village and Mandal, Kurnool District having assigned by the Government.

3. The petitioner has taken an amount of Rs. 6000/- from one Mr. Naganna, who forcibly got executed the sale deed by the petitioner for the house site in his favour on 22.2.2001 and sold the subject property to Sri B. Srinivasa Ravi Kumar and two others under sale deed bearing document No. 122/2008, dated 07.01.2008. Thereafter, the 3rd respondent seems to have purchased the subject property vide registered sale deed bearing document No. 297/2011 dated 11.01.2011.

4. Subsequently, the 3rd respondent has filed O.S.No. 582/2011 on the file of the Court of Additional Senior Civil Judge, Kurnool against the petitioner for permanent injunction. An ex-parte decree is passed against the petitioner on 27.06.2012 by allowing the Suit. Thereafter, the 3rd respondent has constructed a building with five shop rooms on the suit schedule property. The petitioner has preferred A.S on the file of the Court of Principal District Judge, Kurnool challenging the orders passed in O.S.No.582/2011, which is still pending.

5. Later, the petitioner has preferred a representation to the grievance cell of the District Collector, Kurnool on 27.05.2011. On receipt of the said representation, the District Collector has endorsed the same to the 2nd respondent herein for taking necessary action, and thereafter, the 2nd respondent had addressed the same to the 1st respondent, requesting him to send a report so as to initiate further course of action. The 1st respondent, after conducting an enquiry by duly giving notices to the parties, has submitted a report to the 2nd respondent.

Thereupon, the 2nd respondent passed an order on 15.11.2011 by directing the 1st respondent to take immediate action under the provisions of Section 3 and 4 of POT Act, 1977 for resumption of house site as the 1st respondent is the competent authority to take possession of the said assigned land.

6. Challenging the said resumption orders dated 15.11.2011, the 3rd respondent, who has been claiming the property through sale deeds, has preferred an appeal before the Joint Collector, Kurnool, who has passed an order on 22.02.2012 by giving a finding that in view of the facts on record that there are no grounds to interfere with the order of the 2nd respondent dated 15.11.2011, but, as far as restoration of the site in question to the original assignee is concerned, the District Collector has observed that “ it is not proper at this stage to restore for the reason that the original assignee has not made any attempt to construct the house in the site assigned to him, even after lapse of nearly 10 years, as it is the clear violation of the conditions of the house site pattas” and further directed the 1st respondent to take immediate action under Section 4 of the Andhra Pradesh Assigned Lands of Prohibition of Transfers Act, 1977 and ordered for resumption of the land for public purpose by duly entering the same in the prohibitory properties list. Aggrieved by the order of the Joint Collector dated 22.02.2012, the petitioner herein has preferred a Revision before the Chief Commissioner of Land Administration and Commissioner of Appeals, Hyderabad, which was disposed of by an or