IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 18888 of 2001 Between: Shaik Jani Miya, S/o. Imam, R/o. Tammarabandapalem village, Kodad Mandal, Nalgonda Dist. ..... PETITIONER AND The Mandal Revenue Officer, Kodad Mandal, Nalgonda District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ order or direction particularly one in the nature of Writ of Mandamus, declaring the order in proceedings No.K/2343/2001 dated 20.8.2001 of the respondent in cancelling the assignment of land in favour of petitioner in an extent of Ac.1.02 guntas situated in Survey No.349 at Tammarabandapalem village, Kodad Mandal, Nalgonda District, as arbitrary, illegal as also against the provisions of A.P. assigned lands (Prohibition of Transfers) Act, 1977 and without jurisdiction and consequently restrain the respondent from interfering with the peaceful possession and enjoyment of the said land by the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and just. Counsel for the Petitioner:MR.P.PRABHAKAR RAO Counsel for the Respondent: GP FOR ASSIGNMENT The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION No.18888 of 2001 ORDER The petitioner challenges the order passed by the Mandal Revenue Oﬃcer, Kodad Mandal, Nalgonda District, in proceedings bearing No.K/2343/2001, dated 20.08.2001, canceling the assignment made in his favour in respect of the land admeasuring Ac.01.02 gts. in Sy.No.349 of Tammarabandapalem village, Kodad Mandal, Nalgonda District, under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act of 1977). 2. This Court, by order dated 12.09.2001, granted interim suspension of the impugned proceedings for a period of two weeks, which was thereafter extended until further orders by the order dated 28.09.2001. 3. The issues raised in the writ petition in support of the challenge to the proceedings dated 20.08.2001 pertain to the eligibility of the petitioner for assignment of the said land as a landless poor person and also his liability to suﬀer cancellation of the said assignment on the ground of the alleged alienation made by him. These aspects, by their very nature, are not amenable to an adjudication in a writ petition ﬁled under Article 226 of the Constitution of India. Further, Section 4-A of the Act of 1977 provides for an appeal against the impugned proceedings. In view of the availability of the alternative and more eﬃcacious remedy of appeal, I am not inclined to go into the issues sought to be raised in the present writ petition. 4. The writ petition is accordingly dismissed permitting the petitioner to invoke the remedy of appeal available to him under Section 4-A of the Act of 1977 against the proceedings impugned in this writ petition. There shall be no order as to costs. ___________________ P.V.SANJAY KUMAR,J 10.11.2008 v v