IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:3380 of 2002 Between: 1 Thaati Mutyalu, S/o. Ramulu, r/o. Lankapalli Village, Penuballi Mandal, Khammam District. 2 Kanthi Nagulu, S/o. Rajulu, R/o. Lankapalli Village, Penuballi Mandal, Khammam District. 3 Sadem Rajulu, S/o. Ramulu, R/o. Lankapalli Village, Penuballi Mandal, Khammam District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by Secretary, Revenue, Secretariat, Hyderabad. 2 District Collector, Khammam. 3 Mandal Revenue Officer, Penuballi Mandal, Khammam. .....RESPONDENTS Counsel for the Petitioners:NONE APPEARED Counsel for the Respondents:AGP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled for a writ of mandamus to declare the action of the respondents in not demarcating the land allotted to the petitioners consequent on the assignment in their favour as illegal and arbitrary. In the aﬃdavit, the petitioners stated that they belong to ST Community and are landless poor and that respondent No.3 assigned land admeasuring Acs.2.11 guntas, Ac.0.15 guntas and Acs.3.10 guntas in Survey No.343, Lankapalli Village, Penuballi Mandal, Khammam District, to the petitioners respectively and issued written permission to them to enter into possession of the land by proceedings, dated 10.07.1968. The grievance of the petitioners is that respondent No.3 has not demarcated the boundaries of the land allotted to them and despite several representations, no steps are taken in this regard. In the counter-aﬃdavit ﬁled by the Mandal Revenue Oﬃcer, Penuballi, Khammam District, respondent No.3, he inter alia stated that though the above mentioned land was assigned in favour of the petitioners, petitioner Nos.1 and 2 sold away the entire land during the year 1980-81 to third parties and that they are in possession of the same. As regards petitioner No.3, he stated that out of the extent of Acs.3.10 cents of land, an extent of Ac.1.10 guntas of land was sold away and the rest of the extent of Acs.2.00 of land is in his possession. While denying the claim that the land is situated in the agency area, respondent No.3 maintained that the petitioners never approached him for demarcation of the land or to evict the persons from the land. He further stated that if the petitioners approach him for eviction of the third parties under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, necessary steps will be taken in that regard. No reply aﬃdavit is ﬁled controverting the averments contained in the counter affidavit. Since the allegation of the petitioners that the land was sold to third parties is not denied, the petitioners are not entitled to the relief as claimed in the writ petition. However, as pointed out by respondent No.3, if the petitioners have sold the property contrary to the provisions of the 1977 Act, they are entitled to seek restoration of the same subject to the provisions of the said Act. In view of the same, the writ petition is dismissed. C.V.NAGARJUNA REDDY, J 25th SEPTEMBER, 2008. kvni