IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15772 of 2008 Between: 1 Matle Krishnaiah S/o.A Atchaiah Agriculturist Kaveri Nagar Pottur(V) Nellore Rural(M) Sri Pottisriramulu Nellore District 2 Matle Nagaiah S/o.A Atchaiah D.No.20/692 Koneti Mitta Moolapeta Nellore Sri Pottisriramulu Nellore District ..... PETITIONERS AND 1 The Revenue Divisional Officer Nellore Sri Pottisriramulu Nellore District 2 The Tahsildar Nellore Rural(M) Nellore Sri Pottisriramulu Nellore District 3 The District Manager Civil Supplies Brundavanam Nellore Sri Pottisriramulu Nellore District ...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 or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seeking to dispossess the petitioner from Ac 1.50 cents each comprised in Sy.No.2063/4 situated at Kotturu(V) Nellore Bit-1 Sri Pottisriramulu Nellore District without following due process of law under Land Acquisition Act and Revenue law and Act 9/77 pending disposal of the appeals before the 1st respondent or the higher authorities is illegal arbitrary and unjust and in violation of Articles 14,21 and 300-A of the constitution of India and the provisions of LA act and Revenue Laws and act 9/77 and consequently to direct the respondents not to dispossess the petitioners from the above said land till the dispute is settled finally and pass Counsel for the Petitioners: MR.M.VENKATA NARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled challenging the action of the respondents in trying to construct the oﬃce of the 3rd respondent – District Manager, Civil Supplies, in an extent of Ac.3.00 of land comprised in Sy.No.2063/4 of Kotturu Village, Nellore Bit-1, Sri Pottisriramulu. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for ﬁnal disposal at the admission stage itself. The case of the petitioners is that they purchased the subject matter of land under registered sale deeds from one Kukati Ramanaiah and others on 30.12.2004 and since then they are in possession and enjoyment of the said land. It is stated that the said land originally belonged to the family of Yatagiri Seenaiah and they sold the said land to one Kukati Polaiah under a registered sale deed dated 29.6.1982 and till the said property was sold to the petitioners, Kukati Polaiah and others were in possession of the said property. While so, the 2nd respondent – Mandal Revenue Oﬃcer issued proceedings dated 16.8.2005 by invoking the provisions of Section 3(1) of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 resuming the said land. Questioning the said orders, it is stated that the petitioners preferred an appeal before the 1st respondent – Revenue Divisional Oﬃcer, Nellore along with a stay petition and so far no orders are passed on the said application and in the meanwhile, the authorities are trying to dispossess them from the lands. Hence this writ petition. The learned Government Pleader, on instructions submits that the petitioners preferred appeals against the orders of the Mandal Revenue Oﬃcer after a lapse of nearly one year and the petition ﬁled by them to condone the delay is still pending. He submits that as per the records one Yatagiri Chinnavadu, resident of Kothur Village of Nellore Mandal was assigned the subject matter of land and during veriﬁcation it was brought to the notice of the authorities that he sold the said land to Sri Ramireddy Satheesh and the alienee has prepared a lay out for the house sites in the said land unauthorisedly. As the assigned land was in the occupation of the person other than the original assignee, show cause notices were issued to the alienees as required under the Act and after following due procedure, the land was resumed and thereafter the same is assigned in favour of the 3rd respondent for the purpose of construction of MLS point godowns and MS & HSD outlet etc., Since the appeals ﬁled by the petitioners are still in the stage of condonation of delay, the only direction that can be given to the appellate authority is to consider and pass appropriate orders in the condone delay petitions, and if he condones the delay, he shall take up the appeals. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J Dt.23.7.2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Revenue Divisional Officer Nellore Sri Pottisriramulu Nellore District 2 The Tahsildar Nellore Rural(M) Nellore Sri Pottisriramulu Nellore District 3 The District Manager Civil Supplies Brundavanam Nellore Sri Pottisriramulu Nellore District 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 5 2CD copies