THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26070 of 2010 Date:22.10.2010 Between: Gagguri Arjuna and others ..... Petitioners AND The Government of Andhra Pradesh, represented by its Tahsildar, Venkatapuram Mandal, Khammam .....Respondent Counsel for the Petitioners: Mr.P.V.Ramana Counsel for Respondent: Assistant Government Pleader for Revenue The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the notices dated 05.10.2010 of the respondent, whereby the petitioners were called upon to submit their explanation as to why the lands in their occupation shall not be resumed to the Government. In response to the said notices, the petitioners stated to have submitted their explanations. But the petitioners have raised a plea that as the lands in respect of which the notices have been issued are not assigned lands, the respondent inherently lacks jurisdiction for issuing the impugned notices. In my opinion, the question whether the respondent lacks jurisdiction or not depends upon the determination of the nature of the land. That can be done only on the respondent considering the explanations submitted by the petitioners and the evidence adduced by them to show that the lands are not assigned lands. Therefore, in my opinion, this is not a case of inherent lack of jurisdiction on the part of the respondent. The petitioners, having submitted their explanations, cannot be permitted to file the writ petition to question the impugned notices. At the hearing, Mr. P.V. Ramana, the learned counsel for the petitioners, however, submitted that his clients apprehend that the respondent may dispossess them immediately in the event of an adverse order being passed without giving them an opportunity of availing the further remedies. In the light of this apprehension, the respondent is directed that in the event of his passing order of eviction, the same shall not be enforced at least for a period of two weeks from the date of receipt of the copies of such order by the petitioners to enable them to avail the appropriate remedies. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.33297 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 22nd October, 2010 Note: Issue CC in five days. (B/o) GHN