THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :575 of 2008 DATED:18-01-2008 BETWEEN: Kambalapalli Laxman Rao. ..... PETITIONER AND The Mandal Revenue Officer/Tahsildar, Hayathnagar mandal, Rangareddy District. .....RESPONDENT ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondent. 2. Petitioner seeks a writ of mandamus declaring the proceedings No.C/447/2002, dated 29-01-2007, of the respondent, as illegal, and arbitrary. 3. It is the case of the petitioner that an extent of Ac.12.00 in Sy.No.44 of Munuganoor village was assigned in favour of one Paranda Achaiah, and the petitioner is the son of the sister of the said Achaiah. It is stated that petitioner has succeeded the said property, being a second class heir of the said original assignee. While so, an extent of Ac.5.20 guntas in Sy.No.44/1 of Munuganoor village originally assigned in favour of the said Achaiah was resumed by affixing a notice on the notice board of the Gram Panchayat for publicity on the ground that the said Achaiah refused to receive the same. It is stated that the said land was assigned in favour of the said Achaiah on the ground that there is a violation of sub-Sections 2 and 3 of Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 and also the conditions 1 and 2 of the Assignment alleging that the said agricultural land has been converted into non-agricultural land and commercially converted into plots and sold away to others. It is the case of the petitioners that the said resumption orders have been passed against a dead person. In fact, the said Achaiah died long back and his wife also died and even the legal heirs have not been issued any notice. 4. I am of the opinion that all these grounds are as well to be agitated before the appellate authority as under Section 4A(1) of the Act any person aggrieved by an order passed by the Mandal Revenue Officer under sub- Section 1 of Section 4 of the Act may within 90 days from the date of receipt of the said order file an appeal before the Revenue Divisional Officer. When there is a statutory appeal available under Section 4A(1) of the Act, I am of the opinion that it may not be just and proper for this Court to appreciate the said disputed questions of facts. 5. Having regard to the facts and circumstances of the case, petitioner is permitted to file an appeal if he is an aggrieved person within the meaning of Section 4A(1) of the Act and if he is a legal heir and an interested person in any manner, and if any such appeal is filed against the order of the respondent- Mandal Revenue Officer, Hayathnagar in proceedings No.C/447/2002, dated 29-01-2007, within ten days from today, the appellate authority i.e., the concerned Revenue Divisional Officer, Rangareddy District, East Division may consider and dispose of the appeal as expeditiously as possible and pending disposal of the appeal status quo obtaining as on today, with regard to possession shall be maintained. 6. Accordingly, Writ Petition is disposed of. No order as to costs. _________________ V.ESWARAIAH,J 18th January, 2008. Note: Furnish C.C. of the order within two days. B/o Tsy