IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21240 of 2000 Between: 1 Sadu Srinivaslu, S/o. Late Kistayya, R/o. Allurupeta, Alluru Mandal, Nellore District. 2 Dutta Venkaiah, S/o. Kamakashaiah, R/o. Allurupeta, Alluru Mandal, Nellore District. 3 Smt. Sady Venkata Subbamma, W/o. Venkaiah, R/o. Allurupeta, Alluru Mandal, Nellore District. 4 Sadu Jayamma, W/o. Srinivasulu, R/o. Allurupeta, Alluru Mandal, Nellore District. 5 Smt. Kavali Vajaramma, W/o. Venkateswarlu, R/o. Allurupeta, Alluru Mandal, Nellore District. 6 Katamgari Meeramma, W/o. Tirupalu, R/o. Allurupeta, Alluru Mandal, Nellore District. 7 Smt. Sadu Subbamma, W/o. Subrahmanyam, R/o. Allurupeta, Alluru Mandal, Nellore District. 8 Smt. Pallam Subbamma, W/o. Subbaiah, R/o. Allurupeta, Alluru Mandal, Nellore District. 9 Smt. Sadu Sujatha, W/o. Venkataramanaiah, R/o. Allurupeta, Alluru Mandal, Nellore District. 10 Guduru Anasuyamma, W/o. Venkata Krishnaiah, R/o. Allurupeta, Alluru Mandal, Nellore District. 11 Pujari Muneaiah, S/o. Venkaiah, R/o. Allurupeta, Alluru Mandal, Nellore District. ..... PETITIONER(S) AND 1 The District Collector, Nellore, Nellore District. 2 The Joint Collector, Nellore, Nellore District. 3 Mandal Revenue Officer, Alluru Mandal, Nellore District. 4 Mandal Revenue Inspector, Alluru Mandal, Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue, writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents in initiating the action against the petitioners under the guise of the proceedings of 4th Respondent dated 22-10-2000 for cancellation of D.Form pattas of petitioners is illegal, violative of Principles of natural justice and contrary to will established principles of law 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:MR.N.CHANDRADHAR RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21240 of 2000 ORDER: It is the case of the petitioners that each of them has been assigned various extents of lands in sub-divided Sy.Nos.2200, 2232, 2234 and 2235 respectively situated at Alluripet Village and Mandal, Nellore District, vide D- Form pattas during the year 1995-96. While so, the 3rd respondent issued notice Nos.NRC/70/MRI/2000, dated 22-10-2000, calling upon the petitioners to submit explanation as to why the assigned lands should not be resumed on the ground that the petitioners alienated the said lands in favour of some third parties. Questioning the same, this writ petition has been filed. A counter has been filed stating that the lands in sub-divided Sy.Nos.2200, 2232, 2234 and 2235 have been assigned in favour of the petitioners in the year 1995-96. But, however, it came to know that the petitioners alienated the said lands in favour of some third parties and therefore, the action has been initiated under the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act”). I am of the opinion that if any final orders are passed under Section 4(1)(a) of the Act, there is an effective alternative remedy under Section 4-A (1) of the Act before the Revenue Divisional Officer. However, the writ petition is filed questioning show-cause notices only. Therefore, I am not inclined to express any opinion with regard to the rival contentions. Having regard to the facts and circumstances of the case, the writ petition is dismissed. However, the 3rd respondent is directed to issue fresh notices to the petitioners, taking into account factual position as to whether the original assignees violated the terms and conditions of D-form pattas or the provisions of the Act, calling upon them to submit explanation as to why the lands in question should not be resumed, in view of lapse of about eight years from the date of issuance of notices, dated 22-10-2000. There shall be no order as to costs. ___________ 27-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KRD}