THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.44647 of 2017

ORDER:

1. This Writ Petition is filed questioning the action of the respondents in seeking to dispossess the petitioners from their respective lands admeasuring to an extent of Ac.0.23 guntas in Sy.No.344/5 and an extent of Ac.0.33 guntas in Sy.No.449/A, situated at Mugpal Village and Mandal, Nizamabad District (hereinafter referred to as ‘subject lands’), without passing any orders on the explanations submitted by the petitioners pursuant to the Notice issued under Rule-3 of A.P. Assigned Lands (POT) Rules, 2007 claiming that the subject land is assigned land and that the petitioners have acted in contravention of Lavoni Rule (3) of the Final Patta Certificate contained in G.O.Ms.No.1406, Revenue Department, dated 26.07.1998 read with G.O.Ms.No.1724, Revenue Department, dated 26.08.1959 and sought a direction to the respondents not to interfere with the possession of the petitioners over the subject lands

2. Heard Sri Krishna Murthy Vydyula, learned Counsel for the petitioners and Mr. Habeebuddin, learned Assistant Govermnet Pleader for Assignment appearing for the respondents and perused the record.

3. The learned Counsel for the petitioners would submit that while admitting the writ petition this Court passed interim orders on 04.01.2018 in I.A.No.2 of 2017 in WP No.44647 of 2017 that pending passing of final orders by the respondent No.3 pursuant to the show- cause notice dated 02.11.2017 issued under A.P. Assigned Lands (Prohibiton of Transfers) Act, 19771, the respondents shall not dispossess the petitioners from the subject lands. Even after lapse of more than seven years, the respondents did not chose to file counter or vacate petition denying the averments made by the petitioners and requested to direct the respondents not to interfere with the possession of the petitioners over the subject lands.

4. The learned Assistant Government Pleader for Assignment submits that, if the respondent No.3 has not passed any final orders pursuant to the show-cause notice issued by him 02.11.2017 under T.S. Assigned Lands (Prohibiton of Transfers) Act, 1977, they will not dispossess the petitioners from the subject lands till passing of final orders by the respondent No.3 pursuant to the show-cause notice daetd 02.11.2017 and requested to pass appropriate orders.

5. In view of the submissions made by the both sides, this Writ Petition is disposed of, by directing the respondents that, if the respondent No.3 has not passed any final orders pursuant to the show-cause notice issued by him on 02.11.2017 under the A.P. Assigned Lands (Prohibiton of Transfers) Act, 1977, the respondents shall not dispossess the petitioners from the subject lands till passing of final orders by the respondent No.3.

6. Miscellaneous applications, if any, pending in this Writ Petition shall also stand closed. No order as to costs.

_____________________ JUSTICE K.SARATH Date:28.07.2025 trr