WP/28149/2005 of Mudunuri Venkata Narasimharaju S/o Satyanarayana Raju Vs Mandal Revenue Officer, Kalla Mandal on 30 December 2005

ORDER:

Petitioner seeks a Writ of Mandamus to declare the action of the respondent vide hisproceedings Roc No.1392/2005(A) dated 28.12.2005 ordering eviction of the petitioner asillegal and arbitrary.

Learned counsel for the petitioner submits that the Mandal Revenue Officer - respondentissued a show cause notice dated 12.12.2005 to the petitioner under Sub Section (2) ofSection 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers Act, 1977) (for short ‘the Act’) stating that petitioner was in possession of assigned lands situated in anextent of Ac.2.28 cents in S.Nos.785/21, 787/21 and 810/11 and directed him to submit anexplanation within fifteen days as to why he should not be evicted from the said lands. Asagainst the show cause notice petitioner submitted explanation on 27.12.2005 stating thathe has been in possession of the said lands for the last thirty-five years and the said landswere never assigned to any other person. The said explanation was rejected byproceedings of the respondent dated 28.12.2005 holding that one Smt. Kamuju Sarojini w/o.Late Anjaneyulu, filed a petition stating that the lands were originally assigned to herhusband, which are in occupation of the petitioner herein, and requested for restoration ofthe said lands in accordance with the provisions of the Act and hence, the lands shall berestored to Smt. Gubbala Chittemma, daughter and legal heir of the deceased assignee.

Learned counsel for the petitioner further submits that, in fact, the impugned order does notindicate the assignment of said lands in favour of husband of the Smt. Kamuju Sarojini andwithout considering any of the contentions raised in the explanation submitted to the showcause notice, the final orders have been passed.

This Court is not inclined to express any opinion on the merits of the case for the reasonthat a right of appeal is available to the petitioner under Section 4(A) of the Act. Accordingly,the petitioner is permitted to file an appeal within two weeks from the date of receipt of acopy of this order making Smt. Gubbala Chittemma, daughter and legal heir of deceasedassignee, late K. Anjaneyulu as party.

As the petitioner is in possession of the said lands, the impugned order of the MandalRevenue Officer dated 28.12.2005 stands stayed pending disposal of the appeal to be filedbefore the Revenue Divisional Officer.

If no appeal is filed within two weeks from the date of receipt of a copy of this order, the stayorder automatically stands vacated.

On such an appeal being filed, the appellate authority may consider and dispose the sameafter giving reasonable opportunity to the petitioner and the legal representatives of thedeceased assignee, in accordance with law.

December 30, 2005

DSK

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V. ESWARAIAH, J