HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.21124 of 2002 Dated: 10-02-2011 Between: Mannemala Gopala Reddy …Petitioner AND The District Collector, Nellore & Others Respondents This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.21124 of 2002 ORDER: Writ petitioner claiming to be a shareholder of land measuring Ac.82.51 cents of dry land in various survey numbers of Musunur Village filed this writ petition stating that himself and others filed O.S.No.14 of 1984 on the file of Subordinate Judge, Kavali for partition and separate possession of Ac.82.51 cents of dry land, in which, a decree was passed on 21.6.1991 granting preliminary decree for partition of suit schedule properties into 4 ½ shares and for allotment of one such share to the plaintiff and the rest of the shares to be divided as per the shares in terms of the partition deed, dated 21.4.1921. Aggrieved by the same, the defendants in the said suit carried the matter in A.S.No.553 of 1992 on the file of this Court wherein interim stay of passing final decree has been obtained. While so, fourth respondent herein, who is the 31st defendant in the suit alleged to have surrendered certain extent of land in the plaint schedule property under the provisions of Andhra Pradesh Land Reforms (Ceiling and Agriculture Holdings) Act. Thus the respondents want to assign the said property to the third parties and therefore, the petitioner seeks a writ of mandamus restraining the respondents in assigning the lands in favour of third parties. A counter affidavit has been filed by the respondents 1 to 3 stating that the Land Reforms Tribunal, Kavali Division vide proceedings in C.C.-1341 & 1831/75 KVL, dated 23.4.1976 declared one M.Malla Reddy, Smt. Rajeswaramma, W/o.Malla Reddy and Ms.Srilatha, daughter of Malla Reddy as surplus land holders and after following the due procedure, the Tribunal issued Form-VIII notice calling for objections from the interested persons for taking possession of the surplus land to an extent of Ac.8.67 cents in Sy.Nos.921-A2, 923-A, 924-A, 924-D and 925, situated in Muasunuru Village of Kavali Mandal. As no objections were received, Form-IX notice was issued on 20.6.1976 directing the then Special Deputy Tahsildar, Kavali to take possession of the land surrendered by the declarant under Section 11 of the Act. Subsequently, the Special Deputy Tahsildar issued Form-X notice taking over possession of the lands on 22.6.1976. Thus, after passing the orders by the Tribunal, after lapse of more than 26 years, the alleged suit came to be filed for partition. Now the learned counsel for the petitioner submits that the declarant who surrendered the surplus land is also described as 31st defendant in the suit and pending the appeal, the Collector was also impleaded and necessary interim orders have been obtained in A.S.No.553 of 1992 not to change the nature of land and not to create third party rights etc. In view of the same, no cause survives in the writ petition. The writ petition is accordingly dismissed. No costs. ________________ A. GOPAL REDDY, J. FEBRUARY 10, 2011 Tsr.