THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 1405 of 2005 Date:17-01-2008 Between: Gottemukkala Sreerama Raju and two others …Petitioners AND The Mandal Revenue Officer, Makavarapalem .. Respondent ORDER: The petitioners seek writ of mandamus to declare the action of the respondent in interfering with the possession and enjoyment of their lands and attempting to dispossess them without following the due process of law in an extent of Ac.10.28 cents of land in Sy.Nos.70/2, 70/3 and 73/1, Ac.9.41 cents in Sy.Nos.72/1, 71/5, 73/3, 73/4, 73/4 and an extent of Ac.8.53 cents in R.S.Nos.70 and 71/2 situated at Kotavuratla village, Makavarapalem mandal of Visakhapatnam District respectively as illegal and arbitrary. It is the case of the petitioners that the first petitioner purchased an extent of Ac.10.28 cents land in Sy.Nos.70/2, 70/3 and 73/1 of Kotavuratla village, Makavarapalem mandal of Visakhapatnam by a registered sale deed, dated 10.09.1984 from one Ruthala Apparao and Setti Suramma for a valuable consideration, the second petitioner purchased an extent of Ac.4.41 cents land in Sy.nos.72/1, 71/5, 73/3, and 73/4 situated at Kotavuratla village, Makavarapalem mandal of Visakhapatnam District under a registered sale deed, dated11.08.1983 from Lalam Pothamma and five others and also purchased another extent of Ac.5.00 cents in Sy.Nos.73/3 and 73/4 from Lalam Sambulu under a registered sale deed, dated 21.07.1984 and she has been in possession and enjoyment of total extent of Ac.9.41 cents and the third petitioner has been in possession and enjoyment of Ac.3.84 cents in R.S.No.70 and an extent of Ac.4.69 cents in Sy.No.71/2 of the same village totaling an extent of Ac.8.53 cents. It is the case of the petitioners that while the matter stood thus, the respondent started interfering with the peaceful possession and enjoyment of the lands without following due process of law. A counter has been filed by the respondent stating that admittedly the said land is an assigned land vide Patta Nos.798, 799, 804, 803, 800 and 802 in favour of the vendors of the petitioners and admittedly from the original assignees, the petitioners have purchased the said lands in the years 1994, 1984 and 1988 and as per the A.P. Assigned Lands (Prohibition of Transfers) Act, the assigned lands are not alienable and the petitioners have purchased the said lands in contravention of the said Act and a show cause notice has been issued in Rc.No.402/94/A, dated 01.07.2003 and the said show cause notice was served on the original assignees as well as the second petitioner and the original assignees have made representation to reassign the said land. Having considered the explanations, final orders have been passed resuming the lands. In fact, the said lands were found in possession of one M.S.R.Prem Kumar, Organiser, Youth Charitable Organisation, Elamanchili as on 19.11.2004 and he was evicted from the said land in question and the land was taken into government custody on 20.11.2004 vide proceedings Rc.No.402/04/A, dated 24.09.2004 and accordingly a report was submitted to the Revenue Divisional Officer on 20.11.2004 and the lands are under the control of the Panchayat Secretary. The petitioners have not availed any remedy of statutory appeal under Section 4-A of the Act. Having regard to the facts of the case, I am of the opinion that it cannot be said that the respondent has made an attempt to dispossess the petitioners from their lands without following due process of law. Hence, the writ petition fails and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J. Date:17.01.2008 ccm