IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11037 of 2008 Between: 1 Gogada Ratnamma W/o. Gogada Venkata Krsihnaiah R/o. Ravipadu Village, Vinjamur Mandal, Nellore District. 2 Thammineni Ramamma W/o. Pedha Chenchaiah R/o. Ravipadu Village, Vinjamur Mandal, Nellore District. ..... PETITIONERS AND 1 The District Collector, Nellore, Nellore District. 2 The Revenue Divisional Officer, Kavali, Nellore District. 3 The Tahsildar, Vinjamur Mandal, Nellore District. 4 The Sub-Inspector of Police, Vinjamuru Police Station, 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 order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondent No.3 in causing damage to the eucalyptus plantation and forcing the petitioner No.1 to evict from the land in Sy.No.203/4 extent Ac.3.50 cents and sy.No.231/2 extent Ac.1.40 cents and the petitioner No.2 from land admeasuring Ac.4.83 cents in Sy. No.207/2 of Ravipadu Village, Vinjamur Mandal, Nellore District pending enquiry and pending passing orders on the application of the petitioners as highly arbitrary, bad, illegal and violative principle of natural justice and consequently direct the respondents 1 and 2 to consider the case of the petitioners for assignment as per law and also direct the respondents not to interfere with the possession of their land and to pass Counsel for the Petitioners:MR.P.PRABHAKAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: ORDER: The first petitioner purchased lands admeasuring Acs.3.50 cents and Ac.1.40 cents respectively in survey Nos.203/4 and 231/2 and the second petitioner purchased land admeasuring Acs.4.83 in survey No.207/2, situated at Ravipadu Village of Nellore District in the year 1989-1990. It is also their case that on coming to know that the lands purchased by them were assigned to their vendors, they claimed to have made representation to the third respondent to assign the lands to them. Thereafter the third respondent issued notice dated 26.04.2008 in Form II directing the petitioners to explain as to why their lands should not be resumed to Government since they have purchased assigned lands. The petitioners submitted their explanation dated 16.05.2008. Their grievance is that even while the proceedings initiated through issuance of notice dated 26.04.2008 are pending, the respondents are trying to resume the lands and that they have in fact got large number of eucalyptus trees raised on the lands cut in the recent past. Heard the learned counsel for the petitioners and the Assistant Government Pleader for Revenue. The very fact that notice dated 26.04.2008 was issued discloses that the third respondent wanted to examine the matter as to why the lands in possession of the petitioners are liable to be resumed. The explanation offered by the petitioners has to be examined and it is only after a final order is passed that the question of taking steps to dispossess the petitioners would arise. Further the aggrieved parties are entitled to avail the remedy of appeal. Viewed from any angle, the respondents cannot dispossess the petitioners before any final orders are passed. The writ petition is accordingly disposed of directing that the respondents shall not interfere with the possession of the petitioners during the pendency of the proceedings initiated against them under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. No costs. _______________________ L.NARASIMHA REDDY, J 22nd May, 2008 Note: Issue CC in three days. (B/o) GHN To 1 The District Collector, Nellore, Nellore District. 2 The Revenue Divisional Officer, Kavali, Nellore District. 3 The Tahsildar, Vinjamur Mandal, Nellore District. 4 The Sub-Inspector of Police, Vinjamuru Police Station, Nellore District. 5 2CCs to Government Pleader for Revenue 6 2CD copies Form-NIC-OGS/WP{MSN}