IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4327 of 2008 Between: 1 Rachamalli Narasimhulu S/o. Rangaiah R/o. Ambedker Nagar, Dargamet, Nellore 2 Bogidipi Ramanamma, W/o. Late Yanadayya R/o. Kodavuluru Village, Nellore District. ..... PETITIONERS AND 1 The District Collector, Nellore. 2 The Tahsildar/ Mandal Revenue Officer, Venkatachala Mandal, Nellore District. 3 Mutyala Anuradha, W/o. Ravindra R/o. H.No. 27-1-902, Balaji Nagar, Opp. Andra Bank, Nellore Town. 4 Lingala Malleswari W/o. Chandramouli Reddy R/o. H.No. 25/II/481, Lakshmana Nivas, 8th Cross Road, Savitri Nagar, Nellore-4. .....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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents 1 & 2 to take action on the representation dated 09.06.2007 and 16.2.2008 submitted by the petitioners under Section 4 of the A.P. Assigned Lands ( Prohibition of Transfer ) Act, 1977 to take possession of the land to an extent of Ac.5.49 cents in Survey No. 3048, situated at Tikkavarappadu Village, Venkatachalam Mandal, Sarveypalli Bit - 1, Nellore from the 4th respondent and to restore the same to the petitioners. Counsel for the Petitioners: MR.M.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: It is the case of the petitioners that their mother was assigned an extent of Ac.5.49 cents of dry land in S.No.3048 of Tikkavarappadu Village, Venkatachalam Mandal, Sarveypalli Bit-1, Nellore District. While so, their mother died on 4.12.1989 intestate leaving behind the petitioners and their elder brother. It is their grievance that their elder brother sold away the land assigned in favour of their mother to the 3rd respondent by registered sale deed dated 13.4.1998 who in turn sold the said land to the 4th respondent on 3.12.1999 by a registered sale deed. Since the petitioners are also the legal heirs of the original assignee, they submitted representations to respondents 1 and 2 stating that they are also entitled to equal share in the land in question and requested the authorities to take possession of the land which was sold by their elder brother without any authority of law and to restore the same to them, in vein. Hence, they filed the present writ petition seeking a direction to respondents 1 and 2 to take action on their representations dated 09.06.2007 and 16.2.2008 submitted under Section 4 of the A.P. Assigned Lands ( Prohibition of Transfer ) Act, 1977 in respect of the lands in question. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the writ petition itself is taken up for final disposal at the admission stage. Even though it is contended by the learned counsel for the petitioners that the petitioners made several representations on 10.2.2000, 14.5.2003, 8.1.2007, 7.6.2007, 9.6.2007 and 16.2.2008 to the 2nd respondent no action has been initiated on the said representations thereby the 4th respondent is enjoying the property, no material is produced before this Court to substantiate the same. Whether really the elder brother of the petitioners has sold the land or the petitioners are also parties to such transaction has to be enquired into by the authorities. Hence, I direct the Mandal Revenue Officer, the 2nd respondent herein to conduct investigation about the alleged transactions of sale in favour of 3rd respondent and subsequently in favour of the 4th respondent after issuing necessary notices to respondents 3 and 4 and pass appropriate orders on the representations submitted by the petitioners. In case, in the enquiry, if it is revealed that the petitioners also are parties to the transaction, the 2nd respondent is directed to initiate prosecution against the petitioners also for selling the assigned land. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.8.4.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Nellore. 2 The Tahsildar/ Mandal Revenue Officer, Venkatachala Mandal, Nellore District. 3. 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad. 4 2CD copies