HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 26712 of 2011 DT. 23-09-2011 Between: Pagadala Nagalatha …Petitioner And The District Collector & 2 others …Respondents HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 26712 of 2011 O R D E R: This writ petition has been filed by the three individuals seeking Certiorari calling for the records relating to the orders bearing i) D.Dis.(D) No.1459/08 ii) D.Dis(D) No.1460/08 & iii) D.Dis(D) No.1461/08 dated 04.06.2011 relatable to them respectively passed by the 2nd respondent-Revenue Divisional Officer in an appeal preferred by the petitioners assailing the orders bearing i) RC.B87-A36/2007 ii)B87-A28/2007 & B87-A35/2007 dated 18.1.2008 passed by the 3rd respondent-Tahsildar, Nellore, Sri Potti Srramulu Nellore District and quash the same. 2. The 1st petitioner claims to have purchased an extent of Ac.1.60 cents in Sy.No.122/1 of Ambapuram village, Nellore, Potti Sriramulu Nellore District from one Kathula Srikumari w/o.Subbaramaiah under a sale transaction dated 05.05.2002. The petitioner No.2 claims to have purchased an extent of Ac.1.00 cents in Sy.No.125/3 of Ambapuram village, Nellore Mandal, Sri Potti Sriramulu Nellore District from one Kathula Sunil Kumar S/o. Subba Ramaiah under a sale transaction dated 20.5.2002. The petitioner No.3 also claims to have purchased Ac.1.05 cents in Sy.No.125/1 of Ambapuram village, Nellore Mandal, Sri Potti Sriramulu, District from one Kathula Sunil Kumar S/o. Subbaramaiah under a sale transaction dated 05.05.2002. According to them, they have been in possession and enjoyment of the said lands since the date of their respective purchases. While so, the 3rd respondent-Tahsildar, Nellore, Sri Potti Sriramulu Nellore District passed an order dt.18.1.2008 stating that the alienation in favour of the petitioners is in contravention of the provisions of A.P.Assigned Lands (prohibition of Transfers) Act 1977 ( for short ‘the Act’) and that the lands are to be resumed to the Government. Challenging the order the 3rd respondent, the petitioners filed appeals before the 2nd respondent-Revenue Divisional Officer, Nellore, Sri Potti Sriramulu Nellore District and the said appeals came to be dismissed on 4.6.2011. It is the grievance of the petitioners that neither the primary authority nor the appellate authority had given fair opportunity to them to represent their case and thereby principles of natural justice have been violated. Hence, this writ petition. 2. Heard both sides. 3. When the writ petition came up for admission, the learned Asst. Government Pleader (Assignment) has taken notice on behalf of the respondents. 4. The learned counsel appearing for the petitioners submits that neither the primary authority nor the appellate authority had given fair opportunity to the petitioners and thereby principles of natural justice were violated. 5. Be that as it may, as revision lies against the order impugned in the writ petition u/Sec.4(b) of the Act, there is no reason for the petitioners to invoke the extraordinary jurisdiction of this Court under Art.226 of the Constitution of India without availing the remedy of revision as provided under the provisions of the Act. 6. In that view of the matter, the writ petition is disposed of reserving the liberty to the petitioners to avail the remedy of revision provided under the Act within two (2) weeks from the date of receipt of the copy of the order. There shall be status-quo existing as on this date with regard to the possession of the land for a period of three (3) weeks. 7. with the above directions, the writ petition is disposed of at the stage of admission. No costs. ______________________ B.SESHASAYANA REDDY, J Dt. 23-09-2011 Note: CC by one week B/o.Mjl/* HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WP No. 26712 of 2011 Dt. 23-09-2011 Mjl/*