SHAIK BADE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed by Shaik Bade with a prayer to issue a writ of mandamus declaring the action of the respondents in interfering with the possession of the petitioner in respect of the land in S.Nos.77/2 and 78/1 admeasuring Ac.2.95 cents and Ac. 1.98 cents respectively of Gudilova village, Anandapuram Mandal, Visakhapatnam District, as illegal and arbitrary.

(2.) One Pilla Venkateswarulu Reddy, an ex-serviceman was the assignee of Ac.2.95 cents of land in S.No 77/2 and Ac.1.98 cents of land in S.No.78/1 of Gudilova village, Anandapuram Mandal, Visakhapatnam District. The said assignment was made in his favour on 23-1-1969. Under G.O.Ms. No.1117 Revenue (Assignment-1) Department dated 11-11-1993, alienation of the assigned land in favour of the ex- serviceman is prohibited for a period of ten years from the date of issue of O.K.Patta. The petitioner purchased the land from the original assignee under a registered sale deed dated 22-4-1998. When the 4th respondent-Mandal Revenue Officer attempted to interfere with the petitioner's possession over the land in question, he has filed this writ petition by invoking the jurisdiction under Article 226 of the Constitution of India.

(3.) The 4th respondent filed counter affidavit wherein he stated that a show cause notice was issued to the original assignee in the year 2001 and subsequently the land came to be resumed to the Government. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed.