IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 22885 of 2007 Between: 1 Pulavathi Devi,W/o. Surat Singh Mahabubnagar District. 2 Bhimla Devi, W/o.Manshi Ram Mahabubnagar District. ..... PETITIONERS AND 1 The District Collector, Karimnagar District, Mahabubnagar 2 The Revenue Divisional Officer, Mahabubnagar. 3 The Tahsildar, Mahabubnagar 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 appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the notice bearing No.B/20419/06 dt.12-5-2007 issued by 3rd Respondent to the petitioners as illegal, arbitrary and against the provision of A.P.Assigned lands (PORT) Act 1977 and consequently set a side the same and also declare the action of 3rd Respondent in trying to dispossess the petititioners from land admeasuring Ac 2-20 guntas in Sy.No. 631/11 and Ac1-20 guntas in Sy.No. 631/19 at Bandameedhipally Village,Mahabubnagar Mandal & District as illegal arbitrary and against the Principles of natural justice and also direct the Respondents to regularize the land by granting pattas to the 1st petitioner in land admeasuring Ac 2-20 guntas in Sy.No. 631/11 and to the 2nd petitioner land measuring Ac 1-20 guntas in Sy.No. 631/19 at Bandameedhipally Village, Mahabubnagar Mandal, & District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: Sri P.Giri Krishna Counsel for the Respondents: GP FOR REVENUE Ms.G.Sudha The Court made the following : ORDER: Petitioners submits that the first petitioner purchased an extent of Ac.2.20 guntas in Sy.No.631/11 and the second petitioner purchased an extent of Ac.1.20 guntas in Sy.No.631/19 of Bandameedipalli Village, Mahabubnagar District and that after the purchase they came to know that the said lands are assigned lands. Accordingly, the petitioners have made a representation for regularization/assignment of the lands in their favour and the Tahsildar, Mahabubnagar Mandal vide proceedings No.B/4565/06 dated 26.05.2007 recommended to the Collector, Mahabubnagar stating that the petitioners belong to SC community and they are scavengers and as the Government is taking steps to eradicate scavenging profession, the petitioners are entitled for regularization of the said lands in their favour, though the said lands are assigned lands. 2. Petitioners further submit that having recommended vide letter dated 26.05.2007, the same Tahsildar, Mahabubnagar, issued a notice dated 12.05.2007 in Form II under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, calling upon them to submit explanation within 15 days as to why the land shall not be resumed. They further submit that even before the final orders are passed, the Tahsildar, made an attempt to dispossess them and therefore, they were constrained to file this writ petition. 3. Learned Government Pleader submits that after considering the explanations submitted by the petitioners, final orders have been passed vide proceedings No.B/20419/2006 dated 06.08.2007 resuming the land in Sy.Nos.631/11 and 631/19 total extent of 4 acres and the possession was also taken on 22.08.2007. 4. Learned counsel for the petitioners disputes taking over the possession of the said lands and states that the resumption orders have not at all been passed. On the other hand, the learned Government Pleader furnished a copy of the said resumption order to the Court as well as to the petitioners. 5. However, as against the said resumption order an appeal lies to the Revenue Divisional Officer, Mahabubnagar under Section 4-A(1) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. 6. Having regard to the facts and circumstances of the case, the petitioners are permitted to file an appeal against the said resumption order dated 06.08.2007 within ten days from today and if any such appeal is filed, status quo obtaining as on today shall be maintained pending disposal of the appeal. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 19, 2008 Note: Furnish C.C. of the order by 21.02.2008 (B/o) DSK To 1 The District Collector, Karimnagar District, Mahabubnagar 2 The Revenue Divisional Officer, Mahabubnagar. 3 The Tahsildar, Mahabubnagar District. 4 2CCs to G.P. for Revenue. 5 2CD copies