IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4376 of 2008 Between: Marakam Radhamma W/o.late M.Papi Reddy @ Papanna R/o.Kurugunta Village, Anantapur District. ..... PETITIONER AND 1 The Revenue Divisional Officer, Anantapur, Anantapur District. 2 The Tahsildar, Anantapur Mandal, Anantapur District. .....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 issue any writ or order direction more particularly one in the nature of Writ of Mandamus directing the 1st respondent to call for detailed enquiry report from any revenue official with regard to the possession and enjoyment of the petitioner on the lands in Sy.No.125/4 to an extent of Ac.5-00 of Kurugunta Village, Anantapur Mandal preceding the resumption of assignment land from the petitioner before finalizing the appeal ROC Appeal No.405/2007 pending on the file of the 1st respondent. Counsel for the Petitioner: Mr.K.SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. It is the case of the petitioner that the 2nd respondent-Mandal Revenue Officer, Anantapur mandal assigned an extent of Ac.5.00 of land in Sy.No.125/4 situated at Kurugunta village, Anantapur mandal in favour of one M.Ramappa-brother of the father-in-law of the petitioner, and the said land was again assigned in favour of one G.L.N.Swamy-Ex-Serviceman in the year, 1993 vide D.A.R.Dis.No.78/1402, dated 17-03-1993. To cancel the said assignment in favour of the said Swamy, resident of Kurugunta village, an appeal is said to have been filed by the petitioner before the 1st respondent-Revenue Divisional Officer, Anantapur District and the same is pending vide Roc.Appeal No.405/2007. Pending disposal of the appeal petitioner seeks to issue a writ of mandamus directing the 1st respondent to call for a detailed enquiry report from any revenue official with regard to the possession and enjoyment of the petitioner over the said land before finalizing the said appeal. 3. If any appeal is pending before the 1st respondent it is for the petitioner to advance all his contentions, but I am of the opinion that the relevant claim in this Writ Petition is misconceived and not maintainable. I am not inclined to express any opinion whether the said appeal is maintainable or not. Without impleading the said assignee in whose favour the assignment was granted in 1993, this Writ Petition has been filed and therefore, the same is not maintainable on that ground also. 4. Accordingly, Writ Petition is dismissed. There shall be no order as to costs. _________________ V.ESWARAIAH,J 29th February, 2008 Tsy To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}