THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 579 of 2005 O R D E R: The grievance of the petitioners is that the respondents are seeking to dispossess them from Ac.2-00 cents of land in S.No.206/2, Ac.2-00 cents of land in S.No.206/3 and Ac.1-98 cents of land in S.No.206/1 respectively, situated at Thallapalem village, Kavali Rural Mandal, Nellore District without following due process of law as arbitrary, illegal, violative of Articles 14, 21 and 300-A of the Constitution of India and the provisions of Board Standing Orders; consequently, to direct respondents not to dispossess petitioners from the said lands without following due process of law. While admitting the writ petition on 19.4.2005, status quo as on that day was directed to be maintained. According to petitioners, they have been granted D-Form pattas against the above extents of lands and they have been in possession and enjoyment of the same and cultivating the said lands continuously. However, in the counter filed by respondents, it is stated that since the petitioners have violated the conditions of patta granted in their favour and they were neither cultivating the lands nor residing in the village, proceedings were initiated as required under the law and the lands were resumed. Further, some landless poor persons were found to be in possession of the same and they have been cultivating the said lands continuously. Therefore, after conducting due enquiry, lands in question have been allotted to the said landless persons and the petitioners are not in possession of the same. However, learned counsel for the petitioners submitted that the said order of resumption has not been served on the petitioners and no enquiry has been conducted in the presence of petitioners. But, it is asserted by the learned Government Pleader that though an attempt was made to serve notices on the petitioners, since they were not residing in the village the same could not be served on them. Be that as it may, in the facts and circumstances of the case, the writ petition is disposed of directing the petitioners to approach the concerned appellate authority under the Act against the order passed by 2nd respondent in Rc.B2.845/97 dated 24.8.1998 resuming the lands of the petitioners. Since the said order was not communicated to the petitioners, learned Government Pleader furnished a copy of the same to the learned counsel for the petitioners in the Court. Therefore, on filing the appeal as required under the law, the appellate authority shall entertain the same without raising objection as to limitation etc. and dispose of the same, as per law. JUSTICE C.V. RAMULU. Date: 02-12-2010. MVB.