IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26707 of 2008 Between: 1 Sri B. Rama Krishna Reddy S/o. Sri B. Pandu Ranga Reddy R/o. Pedda Amberpet Village, Hayath Nagar Mandal, Ranga Reddy District. 2 Sri B. Goverdhan Reddy S/o. Sri B. Pandu Ranga Reddy R/o. Pedda Amberpet Village, Hayath Nagar Mandal, Ranga Reddy District. 3 Sri I. Bhaskar Rao S/o. Late Mala Kondaiah R/o. H.No. 8-20, New Dilsukhnagar, Hyderabad. ..... PETITIONERS AND 1 The Govt. of Andhra Pradesh Rep. by its Secretary Department of Revenue, Secretariat, Hyderabad. 2 Deputy Collector & Tahsildar Hayat Nagar Mandal Hayat Nagar, Ranga Reddy District. 3 Mandal Revenue Inspector Hayat Nagar Mandal Ranga Reddy District. 4 Mandal Revenue Surveyor Hayat Nagar Mandal Ranga Reddy District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to declare the notice dt. 19-9-2008 and the consequential proceedings No.C/2399/2008 dt. 22-10-2008 of the 2nd respondent as contrary to the judgment of this Hon'ble Court reported in 2008 (5) ALD 626 and Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977, by issuing a writ of mandamus or any other appropriate writ order or direction. Counsel for the Petitioners: SRI M.V.S.SURESH KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26707 of 2008 ORDER: The three petitioners are statedly owners of land in survey Nos.64/1, 64/2 and 64/3 situated at Pedda Amberpet, Hayatnagar Mandal in Ranga Reddy District. It is alleged that second respondent, on a wrong impression that it is assigned land, initiated action under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity). It is also alleged that after issuing notice to petitioner Nos.1 and 2, second respondent passed orders under Section 4 of the Act on 22.10.2008 canceling the assignment and resuming the land. The said order is assailed in the writ petition. Learned Counsel for the petitioners strongly relies on the principles laid down by the Division Bench of this Court in a recent judgment in Letter v Collector & District Magistrate[1], wherein their Lordships laid down that before initiating action for cancellation of assignment or resumption of the land, the revenue Officials must specifically specify the nature of occupancy rights and the nature of the holding, and submits that when the petitioners are absolute owners of land, which is, allegedly, patta land, applying the principles and the provisions of the Act the impugned order is illegal and arbitrary. Opposing the writ petition, learned Assistant Government Pleader relies on Section 4-A(1) of the Act, which provides for appeal to the jurisdictional Revenue Divisional Officer, and submits that when an effective alternative remedy is available and questions of fact are involved, a writ petition would not lie. After giving due consideration and also having regard to the settled principle under Article 226 of the Constitution of India that ordinarily when an alternative remedy is available a writ petition would not lie, this Court is not inclined to interfere in the matter at this stage. Therefore, the writ petition is disposed of giving liberty to the petitioners to prefer an appeal before the jurisdictional Revenue Divisional Officer within a period of two weeks from today and obtain appropriate orders. Till that time, to protect their interest and to enable them to do so, there shall be status quo as on today with regard to possession, ownership and nature of the land for a period of two weeks. No costs. ____________ (V.V.S.RAO, J) 08.12.2008 Note: Issue C.C by 10.12.2008. B/o. vs To 1 The Secretary, Govt. of Andhra Pradesh Department of Revenue, Secretariat, Hyderabad. 2 Deputy Collector & Tahsildar Hayat Nagar Mandal Hayat Nagar, Ranga Reddy District. 3 Mandal Revenue Inspector Hayat Nagar Mandal Ranga Reddy District. 4 Mandal Revenue Surveyor Hayat Nagar Mandal Ranga Reddy District. 5 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 6 2CD copies Form-NIC-OGS/WP{KBJ} [1] 2008 (5) ALD 626 (DB)