THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.20841 of 2009 ORDER: This writ petition is filed seeking a direction by way of Mandamus to declare the action of the respondents in seeking to dispossess the petitioners from the land admeasuring one acre each held by petitioners 1 to 3 and Ac.1-50 cents held by the 4th petitioner in Sy.No.1102/4 situated at Koyavaripalem Village, Prattipadu Mandal, Guntur District, as illegal and arbitrary. It is the case of the petitioners that they are owners and possessors of the aforesaid lands having purchased the same by registered sale deeds in the year 2003. It is also stated that when the proceedings were initiated under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act”), they have filed explanation. Without passing any order and communicating the same, the respondents have taken steps for eviction and as such, they approached this Court. Counter affidavits are filed by the Government as well as respondents 5 and 6. As averred in the counters filed by the respondents, it is the case of the respondents that the land admeasuring five acres was originally assigned to Sri Patchala Issac and Sri Premaiah. The same was sold by the original assignees to the petitioners in contravention of the conditions of D-form patta. It is stated that after passing resumption order, the very same land was assigned to the impleaded respondents 5 and 6 herein and they are in possession of the said land. Originally, respondents 5 and 6 were not impleaded in this writ petition. Subsequent to filing of the writ petition, they filed W.P.M.P.No.36016 of 2010 seeking their impleadment on the ground that the land in question is in their possession by virtue of assignment by the authorities in their favour and this court by order, dated 18-04-2011, impleaded respondents 5 and 6 as parties to this writ petition. Along with implead petition, they have filed copy of order, dated 18-06-2007, issued in Rc.No.137/2007-B passed by the Tahsildar, Prathipadu Mandal, Guntur District. It is contended by the learned counsel for the petitioners that after filing explanation, no final order is served. Even in the counter affidavit filed by the counsel for the respondents, it is not stated when the order, dated 18-06-2007, issued in Rc.No.137/2007-B is served on the petitioners. As much as it is the case of the petitioners that order, dated 18-06-2007 passed in Rc.No.137/2007-B, is not served on them and the said order is not challenged in the present writ petition, no relief, as sought for in this writ petition, can be granted. Further, it is also to be noted that the order, dated 18-06-2007, is an appealable order under the provisions of the Act. If the petitioners are aggrieved, they can file an appeal against the order, dated 18-06- 2007. As it is submitted that the order, dated 18-06-2007, passed in Rc.No.137/2007-B, is not served on the petitioners and still they are in possession of the land in question, I deem it appropriate to dispose of the writ petition permitting the petitioners to file an appeal against the order, dated 18-06-2007, in Rc.No.137/2007-B, passed by the Tahsildar, Prathipadu Mandal, Guntur District, before the appellate authority within a period of eight weeks from today. If any such appeal is filed, the appellate authority shall consider the same without raising for any objection with regard to the limitation and dispose of the same on merits. There shall be a further direction to the respondents to maintain status-quo in respect of the subject property for a period of two months from today. It is made clear that it is open to the petitioners to obtain appropriate interim order from the appellate authority in the appeal to be filed. Subject to the above direction, the writ petition is disposed of. There shall be no order as to costs. __________ 30-06-2011 Prv