THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17466 of 2010 ORDER: In this writ petition, petitioner seeks a mandamus declaring the action of the respondents in issuing Form-II Notice, dated 11.01.2010 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, as illegal and arbitrary. The petitioner claims that he is the owner and possessor of the land admeasuring Acs.2.08 cents in Survey No.92/2 of Donkumanipalli Village, Shantipuram Mandal, Chittoor District. It is his case that when there was interference by the respondents, he filed O.S.No.126 of 2000 in the Court of Junior Civil Judge, Kuppam, Chittoor District, and on dismissal of the said suit, he filed A.S.No.121 of 2006, which is pending before the learned District Judge, Chittoor. It is his grievance that when such appeal is pending, the respondents issued the impugned notice to him as such the same is illegal. On instructions, it is submitted by the learned Assistant Government Pleader for Revenue appearing for the respondents that though fifteen days time was given to the petitioner to submit his explanation pursuant to the impugned notice, he failed to do so, as such, final orders were passed and when the same was sought to be served on him, he refused to receive the same. It is also submitted that pursuant to such final order, the land in question was already resumed to the Government. When it is true that the petitioner appears to have filed O.S.No.126 of 2000 for injunction and when purchase of the land in question itself is alleged to be in contravention of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), mere pendency of the appeal filed by the petitioner does not preclude the competent authorities to initiate action against him in accordance with the provisions of the Act and the Rules made thereunder. As much as it is stated that final order was already passed, while it is open to the petitioner to question the same by way of appeal before the competent appellate authority, no relief can be granted to him as prayed for in this writ petition. As it is submitted by the learned counsel for the petitioner that a copy of the final order is not served on the petitioner, the respondents are directed to serve on him a copy of the same, within a period of two (2) weeks from today. However, it is open to the petitioner to avail the remedy of appeal as available to him under the Act. Subject to the above observations, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 28th JULY, 2010. kvni