THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 22290 of 2001 Date: 23.11.2011 Between: Kondraju Krishna Murthy … Petitioner And The District Collector, Nellore and 4 others. … Respondents HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 22290 of 2001 O R D E R : This writ petition is filed seeking a certiorari to call for the records relating to the order dated 18.01.2001 passed by the 3rd respondent-Mandal Revenue Officer, A.S.Pet and quash the same being arbitrary and illegal. It is pleaded by the petitioner that his father by name K.Raghavaiah was the absolute owner of Ac.7.51 cents of land situated in Sy.No.830 of A.S.Pet, Nellore District. The petitioner’s father executed a Will dated 31.01.1956 bequeathing the said property to his children as well as his sister A.Ramamma, who was given only life interest. Pursuant thereto, the petitioner has acquired title and possession in respect of his share of the properties. While so, the 3rd respondent-Mandal Revenue Officer issued the impugned notice dated 18.01.2001 stating that out of Ac.7.51 cents of land situated in Sy.No.830, the possession of an extent of Ac.2.83 cents of land which was determined as surplus land by the Land Reforms Tribunal, Nellore by proceedings dated 06.09.1995 pursuant to a declaration made by Smt.Ramamma was taken by the Government and the same was assigned to the respondents 4 and 5 herein by the Tahsildar, Atmakur by proceedings dated 16.10.1976 and accordingly calling upon the petitioner to remove the fencing put up by him around the said land and directing him not to interfere with the said land in any manner whatsoever. The said notice was served on the petitioner on 23.01.2001 and immediately thereafter, he got issued a legal notice dated 25.01.001 bringing to the notice of the 3rd respondent-Mandal Revenue Officer that the petitioner has been in valid possession and enjoyment of the entire extent of Ac.7.15 cents of land in Sy.No.830 wherein 300 palmyarah trees are existing apart from agricultural crops. The alleged surrender of surplus land by Smt. A.Ramamma was denied. It was also brought to the notice of the 3rd respondent that Smt.A.Ramamma was holding only life interest in the property in question and after her death the property was reverted back to the petitioner. Though no further order was passed by the 3rd respondent, apprehending dispossession, the present writ petition is filed to set aside the notice dated 18.01.2001. It is pleaded by the petitioner that he has been in continuous possession of the total extent of Ac.7.51 cents of land and his possession and enjoyment has never been disturbed by the respondents. This Court, while issuing rule nisi, by order dated 19.10.2001 directed to maintain status quo with regard to the possession existing as of that date. Despite notice, none appeared for the respondents 4 and 5. So far as the respondents 1 to 3 are concerned, the District Collector, Nellore, filed a counter affidavit dated 14.06.2002 stating that Smt. A.Rmamma had surrendered an extent of Ac.2.83 cents of land situated in Sy.No.830 of Chiramana Village among other lands as per orders of the Land Reforms Tribunal, Nellore issued in LCC.No.ATK/75 dated 06.09.1975. The plea of the petitioner that the Smt. A.Ramamma was only a limited estate holder and had no right to alienate the properties has been denied and it is explained that Smt. A.Ramamma filed a declaration under Section 9(1) regarding her patta lands measuring Ac.52.78 of dry and Ac.5.36 1/3 of wet land situated in Chiramana and Akbarabad villages of A.S.Pet Mandal and after due enquiry, the Land Reforms Tribunal by order dated 06.09.1975 determined the surplus land of 0.10.85 Standard Holdings. Pursuant thereto, Smt.A.Ramamma surrendered Ac.5.43 cents of land including the land in question i.e. Ac.2.83 cents situated in Sy.No.830 and that the possession of the same was taken on 21.03.1976 under the certificate in From 10. A notice was published in Form 13 under Rule 12(2) calling for claims from the concerned persons for payment of land value for lands specifically mentioned therein including Ac.2.83 cents in Sy.No.830 and thereafter, the lands were distributed to poor on 16.10.1976. The land in question i.e. Ac.2.83 cents of land in Sy.No.830 was allotted to the respondents 4 and 5 measuring Ac.1.41 cents each. Pursuant thereto, the Mandal Revenue Officer, A.S.Pet has deputed the Mandal Surveyor who has measured, fixed and shown the boundaries to the assignees. Since the petitioner raised objection and threatened the assignees with dire consequences, the Mandal Revenue Officer issued the impugned notice dated 81.01.2001 not to cause any hindrance to the beneficiaries. I have heard the learned counsel for both the parties. From the counter affidavit filed on behalf of the respondents 1 to 3 it is clear that the land in question was assigned to the respondents 4 and 5 pursuant to the determination made by the Land Reforms Tribunal, Nellore in LCC No.ATK/75 dated 06.09.1975. Apparently, the impugned notice was issued consequent to the determination made by the Land Reforms Tribunal. Therefore, even assuming that Smt. A.Ramamma who was only a life estate holder ought not to have included the land in question in the declaration filed by her, the proper remedy is to challenge the order dated 6.9.1975 by availing the remedy as provided under Section 20 of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act’). Having allowed the determination made under Section 9 of the Act to become final, the petitioner cannot seek a Mandamus restraining the respondents from taking the consequential proceedings. Hence, the impugned notice warrants no interference by this Court. Accordingly, the Writ Petition is dismissed. No cost. ______________ G. ROHINI, J Date: 23.11.2011 KLP