THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :2086 of 2008 DATED:14-02-2008 BETWEEN: Ravipati Rama Rao & another. ..... PETITIONERS AND The District Collector, Guntur District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the 3rd respondent in dispossessing and interfering with the petitioners’ possession and enjoyment of the land to an extent of Ac.15.15 cents in Sy.No.325B, 335B, 336, 16/1, 103/2B1, 103/C2B, 105/1, 133/B1, 95/2B, 133/B1 and 95/2B of Gottimukkala village, Gurajala mandal, Guntur District, as illegal and arbitrary. 3 It is the case of the petitioners that they are the sons of one Papaiah, and owners and possessors of the said land having inherited the same from their ancestors, and the 3rd respondent issued pattadar pass book to the 2nd petitioner, and mutated the names of the petitioners. It is stated that their father inherited the said land and whileso, the 3rd respondent issued a notice, dated 30- 03-2007, in Form-I under Rule 3 of the A.P.Assigned Lands (Prohibition of Transfers) Rules for which the petitioners sent their explanations on 19-06-2007. It is stated that without passing any final orders pursuant to the explanations the petitioners are sought to be dispossessed on 30-01-2008. Therefore, they have no other alternative remedy except to approach this Court seeking the said relief. 4. Learned Government Pleader on obtaining instructions produced a copy of the order passed by the 3rd respondent-Tahsildar, Gurajala, dated 19-04-2007, resuming the aforesaid lands Ac.15.68 cents in Sy.Nos.161/1, 103/2B, 105/1, 335 etc., of Gottimukkala village, Gurazala mandal, Guntur District in exercise of the powers vested in him under Section 4 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’) on the ground that the said lands have been assigned in favour of one Amara Lingam and twelve others, residents of Gurazala village and mandal, Guntur District, for cultivation purpose and the said ceiling surplus land assigned in favour of the petitioners has been found alienated in contravention of sub-Sections 1 and 2 of Section 3 of the Act, and accordingly, notice in Form-I has been issued to the original assignees and notice in Form-II has been issued to the person who is in possession of the said land, namely Ravipati Papaiah, who is the father of the petitioners. The impugned order goes to show that the notice issued to the original assignees has been served by way of affixture as conspicuous part of the assigned land and a notice was also served on the alienee-Papaiah, but the said Papaiah failed to submit any explanation within time. When notice has been served on the said Papaiah it is not known why the petitioners have filed this Writ Petition. In the notice, it is clearly stated that the said Papaiah acquired the said land in contravention of the provisions of Section 3 of the Act. However, if the petitioners are aggrieved by the said order, it is always open for them to question the same before the appellate authority under Section 4A(1) of the Act. In view of the aforesaid facts and circumstances, I am not inclined to admit this Writ Petition. 5. Accordingly, Writ Petition is dismissed with a liberty to file appeal against the said order. There shall be no order as to costs. 6. Learned Government Pleader handed over the Xerox copy of the final order so as to enable the petitioner to file an appeal. _________________ V.ESWARAIAH,J 14th February, 2008. Tsy