THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.6450 of 2008 ORDER: Though the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for the parties, the writ petition itself is taken up and being disposed of by this order. In the writ petition, petitioners seek a mandamus by way of directions to respondents 1 and 2 to restore the land admeasuring Ac.0.45 cents each covered by R.S.Nos.193/2B, 193/2C & 193/2D situated at Velagaleru Village, G Konduru Mandal, Krishna District, pursuant to their representation, dated 27.11.2007 under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). The petitioners were assigned the land of Ceiling Surplus by the then Tahsildar of erstwhile taluk of Mylavaram, by his proceedings in Rc.B1/636/80, dated 31.08.1982. On the ground that they have sold the said land contrary to the conditions of grant and in violation of the provisions of the Act, the respondents initiated proceedings and passed orders of eviction on 12.07.2007 in Rc.A.332/06. It is stated that such an order was passed without notice to them and in any event, as the transfer in favour of the third respondent is invalid, the said lands ought to have been restored to them. It is the grievance of the petitioners that in spite of their representation, dated 27.11.2007, respondents 1 and 2 are not passing any order for restoration of their land. In the counter-affidavit filed by the Sub-Collector, Vijayawada, Krishna District, while denying various allegations made by the petitioner, it is stated that the land was originally assigned to the petitioners but contrary to the conditions of grant, they transferred the land in favour of the third respondent. It is stated that the petitioners were issued notices in Form-I on 09.06.2007 and the third respondent was issued notice in Form-II on 13.06.2007 and that the Tahsildar, G.Konduru passed final orders on 12.07.2007 to resume the land to the Government under Section 4(1) of the Act. It is further stated that after resumption of the said land, it was re-assigned to the landless poor persons, who are below the poverty line and residents of Velagaleru Village. It is also stated that particulars of assignment to the third parties are mentioned as under: 1.Shaik Goushabi W/o Khan Basha, Age-40 years, R.S.No.193/2 extent Ac.0.45 cents 2. Garnapati Durgamma W/o Peda Venkateswara Rao, Age-52 years R.S.No.193/2 extent Ac.0.44 cents 3. Shaik Hussainbhi W/o Meeravali, Age-26 years, R.S.No.193/2 extent Ac.0.44 cents 4. Shaik Hussainbee W/o Yusuf, Age-35 years, R.S.No.193/2 extent Ac.0.44 cents It is to be noticed that though there is an order of eviction for resumption of the land into Government custody, the petitioners have not questioned the same. If any eviction order is passed under the provisions of the Act, it is appealable to the Revenue Divisional Officer and further, revisable by the Joint Collector concerned. The petitioners have not availed the remedy of appeal. It is also to be noticed that the land in question was already assigned to third parties, who are not made party respondents in the present writ petition. If the petitioners claim that they are entitled for restoration of the land, in view of order, dated 12.07.2007, it is for the petitioners to question such order to the extent of not restoring their land. As it is stated that the final orders were passed on 12.07.2007, and as the third party assignees are not before this Court, no relief can be granted as prayed for. For the aforesaid reasons, the writ petition is dismissed. However, it is made clear that the petitioners are given liberty to question order, dated 12.07.2007, in appeal. If the petitioners are not served with a copy of that order, it is open to them to submit an application seeking certified copy of the same. It is also open to the petitioners to explain the reasons, for computation of limitation, in the grounds of appeal to be filed before the appellate authority concerned. No order as to costs. ______________________ R.SUBHASH REDDY, J 22nd JUNE, 2011. kvni