THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.10755 of 2008 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in taking steps for eviction of the petitioners from lands admeasuring Ac.1.74 cents, Ac.0.76 cents and Acs.2.50 cents covered by Survey Nos.127/1A, 128/2 and 127/1B respectively of Aluru Village, without following due process of law, as illegal and arbitrary. It is the case of the petitioners that as the said lands were ancestral properties, they are devolved on them and they were also issued pattadar passbooks and title deeds. It is their grievance that though they are in possession of the said patta lands, the respondents are taking steps for their eviction without initiating proceedings under the Land Acquisition Act, 1894. In the counter-affidavit filed by the third respondent - Tahsildar, Kothapatnam Mandal, Prakasam District, while denying various allegations made by the petitioners, it is stated that the lands admeasuring Ac.1.74 cents and Ac.0.76 cents covered by Survey Nos.127/1A and 128/2 of Aluru Village, now in Kothapatnam Mandal, were originally assigned to one Shankar Rao, and the land covered by Survey No.127/1B was assigned to Ch.Venkata Subbaiah. It is also stated that as the said lands were transferred by way of lease in contravention of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, the orders of resumption were passed on 05.12.2007 in Rc.548/2007 and possession was taken by the Mandal Revenue Inspector on 02.01.2008. Under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, against the orders of eviction passed by the primary authority, there is a right of appeal to the Revenue Divisional Officer and further, revision to the Joint Collector. Although it is the allegation of the petitioners that the respondents are taking steps for their eviction as otherwise than due process of law, it is evident from the counter-affidavit that the eviction order was passed on 05.12.2007 in Rc.548/2007. Therefore, it cannot be said that the steps are being taken by the respondents to dispossess the petitioners without following due process of law. As it is pleaded by the learned counsel for the petitioners that the order of eviction is not passed, I deem it appropriate to permit the petitioners to prefer an appeal against order, dated 05.12.2007 passed in Rc.548/2007, within a period of two (2) months from today. If any such appeal is preferred, the appellate authority shall consider the same without raising any objection as regards limitation. There shall be a further direction to the respondents to maintain status quo with regard to possession for a period of two (2) months from today. It is open to the petitioners to obtain appropriate orders from the appellate authority. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 14th JULY, 2011. Note: issue c.c. in ten days. kvni