The High Court · 2025

PetitionunderArlicle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in seeking to dispossess me and the other Petitioner from the land to an extent of Ac.0.23 gts in Sy'No,34415 and Sy'No.449/A to an extent of Ac.0.33 gts of ti/ugpal village and Mandal, Nizamabad district without passing any orders on the explanation submitted by us to the Notice issued under Rule 3 of A.P. Assigned Lands (POT) Rules,2007 (hereinafter referred to as the Rules) claiming that the subject land is assigned lands and we have acted in contravention of Lavoni Rule (3) of the final patta certificate contained in G.O.Ms.No.1406, dated 26 7 1958 read with G.O.Ms.No.1724, dated 26.8.1959, as illegal and arbitrary and is in contravention of provisions of A.P. Assigned Lands (POT) Act, 1977 and consequently direct the respondents from forbearing from interfering with our peaceful possession and enjoyment of the above said land ie., the land to an e)ttent of Ac.0.23 gts in Sy.No.34415 and Sy.No.449/A to an extent of Ac.0.33 gts rf Mugcal village and Mandal, Nizanrabad district IANO:2OF2 017 Petition under section 151 cpc praying that in the ci'cumstances stated in the affidavit filed in support of the petition, the High cou,t may be pleased to direct the respondents not to dispossess the petitioners frorr the lands owned by them ie., the land to an extent of Ac.o.23 gts in Sy.No.344/5 and Sy.No. 449tA to an extent of Ac.0.33 gts of Mugpal village and Mandal, Nizanrabad District, pending disposal of the Writ petition Counsel for the Petitioners: SRl. KRISHNA MURTHY VyDyULA Counsel for the Respondents: SRI HABEEBUDDIN, AGp Fr:)R ASSIGNMENT The Court made the following: ORDER : I I THE HONOURABLE SRI JUSTICE K.SARATH IVRIT PET TION No.44647 of2OL7 I ORDER: 1. This Writ petition is fiied questioning the action of the respondents in seeking to dispossess the petitioners from their respective lands admeasuring to an extent of Ac.O.23 guntas in Sy.No.344/5 andan extent of Ac.0.33 guntas in Sy.No.449/A, situated at Mugpal Village and Mandal, Nizamabad District (hereinafter referred to as 'subject laldsJ, without passing arry orders on the explanations submitted by the petitioners pursuart to the Notice issued under Rule_3 of A.p. Assigned Lands (POT) Rules, 2OO7 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 Depaltment, dated 26.07.tggg read with G.O.Ms.No. 1724, Revenr_re Department, dated 26.08.1959 and sought a direction to the respondents I I 2 S(J not to interfere with the possession of the petitioners over the subject lands -

2. Heard Sri Krishna Murthy Vyd,;.,ula. learned Counsel for the petitioners and Mr. IIaber:buddin, learned Assistant Govermnet pleader fot.. Assignment appearing for the respondents and perused. the record.

3. The learned Counsel for the petil.ioners would submit 1.hat while admitting the writ petitir>n this Court passed interim orders on 04.01.2018 in I.A.No.2 of 2OlZ in WP No.44647 of 2OI7 that pending passing of final orders by the respondent No.3 pursualt Lo the show_ cause rrotice dated 02.Il.2OlT issued under A.p. Assigned Lands (Prohibiton of Transfers) Act. lg77l, the respondents shall not dispossess the pel_itioners from the subject lands. Even after lapse of more than seven years, the respondents did not <.,hose to hle counter or vacate petition denying the aver:.ments made : 3 SK,J by the petitioners and requested to direct the respondents not to interfere with the possession of the petitioners over the subject lalds.

4. The learned Assistalt 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 O2.ll.2Ol7 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 02.11.2OI7 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 O2.ll.2Ol7 under the A.P. Assigned \ I t \ I , 4 SK,J Lands (Prohibiton of Transfers) Act. tg7T. the respondents shall not dispossess the petitioners from the sutrject lands till passing of hna_l r.rrders bv the respondent No.3. 6 Miscellaneous applications, if any, pr:ndin.g in this Writ Peljtion shall also stand closed. N o order ers to costs. SD/. A. PRATHIMA ,DEPUTY REGISTRAR i\l,\ ,l \ I -.---=: v SECTION OFFICER //TRUE COPY// To, l T.S.,Hydeiabad. ' '1 . The Princioal Secretarv to Government, Revenue Depitrtment, Secretariat, 2 The District Collector, Nizamabad District, Nizamabad. J. the tahsildar, Mugpal lvlandal, Nizamabad district 4. one CC to SRt. KR|SHN4.y.q.Blfy woyur_A,-Aavccate [opUC] 5. Two CCs to Gp FoRASSIGNMENT,UGn -coriiiioii," 6. Two CD Copies at Hyderabad [OUTI Stii" ofietangana I BM HIGH COURT DATED:28 10712025 c r4r J .J O 1E SEF 2U t t) _ _i- (i C) n { ORDER WP.No.44647 of 2017 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a[q\Dr :iw ,,&tt