IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 27586 of 2008 Between: Vadde Balaiah, S/o. Vadde Ramaiah, R/o. Kotwalguda Village, Shamshabad Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Tahsildar, Shamshabad Mandal, Ranga Reddy District. 2 The District Collector, Ranga Reddy District at Hyderabad. 3 The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad. .....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 to issue a Writ in the nature of Writ of Mandamus or any other appropriate writ declaring that the action of the first respondent in passing the resumption order vide proceedings No. B/949/2005, dated 6-7-2007 under the provisions of the A.P. Assigned Land (Prohibition on Transfers) Act, 1977 is arbitrary and without jurisdiction and consequently, set aside the same and direct the respondents not to interfere with the possession and enjoyment of the petitioner over the land situated in Sy.No. 66 of Kothwalguda Village, Shamshabad Mandal, Ranga Reddy District, and grant such other relief Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27586 of 2008 ORDER: Petitioner’s father late Vadde Ramaiah was assigned land admeasuring Acs.1.32 gts in survey No.66/AA situated at Kotwalguda Village, Shamshabad Mandal, Ranga Reddy District. Statedly said land was ceiling surplus and therefore some amount was collected at the time of assignment. Petitioner contends that as assignment was made by payment of money it is not regulated by the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity). Be that as it is second respondent initiated action under the Act and issued notice on 29.07.2006 for resumption of land on the ground that assignee has transferred assigned land in contravention of Section 3 of the Act. By impugned order dated 06.07.2007 first respondent declared alienation as null and void and ordered resumption of land. Aggrieved by the same, instant writ petition is filed. This Court heard learned counsel for petitioner who submits that when the land is ceiling surplus before assignment to father of petitioner, the same cannot be treated as assigned land for the purpose of the Act. Opposing the same learned Assistant Government Pleader submits that order passed by first respondent is appealable under Section 4-A of the Act and therefore, writ petition would not lie. He also refutes other contentions of petitioner. It is now well settled that unless there are extraordinary circumstances, when statute provides an appeal which is efficacious and effective, writ petition would not lie. Section 4-A of the Act is effective remedy for the petitioner and without availing the same he filed instant writ petition. At this stage, this Court is not inclined to interfere in the matter. Liberty is given to petitioner to file appeal before Revenue Divisional Officer concerned having jurisdiction over the matter within ten days from today. Learned counsel for petitioner submits that petitioner is still in possession and enjoyment of the land. If that be so, there shall be status quo as on today for ten days to enable petitioner to obtain appropriate orders from appellate authority. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 18th December, 2008 Note: Issue CC today (B/o) GHN To 1 The Tahsildar, Shamshabad Mandal, Ranga Reddy District. 2 The District Collector, Ranga Reddy District at Hyderabad. 3 The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad. 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{SPJS}