IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12303 of 2008 Between: 1 Alwala Kankaiah, S/o. Lasmaiah, R/o. Indiranagar Village, Thimmapur Mandal, Karimnagar District. 2 Alwala Laxmaiah, S/o. Kankaiah, R/o. Indiranagar Village, Thimmapur Mandal, Karimnagar District. 3 Alwala Parshiah, S/o. Kankaiah, R/o. Indiranagar Village, Thimmapur Mandal, Karimnagar District. ..... PETITIONER(S) AND 1 The District Collector, Karimnagar, 2 The Revenue Divisional Officer, Karimnagar, 3 The Tahsildar, Thimmapur Revenue Mandal, Karimnagar district. 4 Tekumall Shankaraiah, S/o. Bucxhaiah, R/o. Indiranagar Village of Thimmapur Revenue Mandal, Karimnagar District. .....RESPONDENT(S) 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 to issue an Order, Direction or Writ more in the nature of WRIT OF MANDAMUS, declaring the action of the 3rd respondent in pasing the impugned orders in file No.B/293/1/2007 directing the Mandal Revenue Inspector to take possession of land in sy.No.797/3 measuring 5 acres situate in Nustulapoor Village of Thimmapoor Revenue Mandal of Karimnagar district as bad, illegal, arbitrary as the same are not in conformity of the provisions of A.P.Assigned Lands Prohibition of Trasfer Act, 1977 apart from the same being in violation of principles of natural justice and to set aside the same and be pleased to pass Counsel for the Petitioner:MR.C.RAMESH SAGAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.12303 of 2008 ORAL ORDER: This writ petition is filed seeking to set aside the orders passed by the third respondent, namely, the Tahsildar, Thimmapur Revenue Mandal, Karimnagar District, in File No.B/293/1/2007 dated 10.12.2007 whereunder the Mandal Revenue Inspector was directed to take possession of the land in survey No.797/3 measuring 5 Acres situate in Nustulapoor Village of Thimmapur Revenue Mandal from the petitioners. It is the case of the petitioners that they are in continuous possession and enjoyment of the land in question having purchased the same for a valuable consideration in the year 1977 from the 4th respondent and that they are shown as owners, pattadars and possessors of the land in the Adangals from the year 1995-96. While things stand thus, the 3rd respondent issued notice to the petitioners under the provisions of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 calling them as to why action shall not be instituted for restoring the possession of the land in question to the original assignee, namely, the 4th respondent for which they have submitted their explanation but the third respondent without considering the said explanation, passed the impugned orders directing the Mandal Revenue Inspector to take possession of the land in question. Hence, they filed the present writ petition. When the matter is taken up for admission today, the learned Government Pleader for Revenue on instructions submits that as against the impugned orders passed by the third respondent, the petitioners have got an alternative remedy of appeal as envisaged under Section 4-A of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 before the Revenue Divisional Officer and without availing such remedy, the petitioners have straight away approached this Court and filed the present writ petition. Since the petitioners have got an alternative remedy of appeal before the Revenue Divisional Officer as against the impugned orders of the third respondent, I deem it appropriate to dispose of the writ petition with the following directions: The petitioners are directed to approach the Revenue Divisional Officer and file appeal as against the impugned orders passed by the third respondent within a period of four weeks from today and on filing such appeal the Revenue Divisional Officer shall consider the same and pass appropriate orders thereon in accordance with law. Till such time, status quo obtaining as on today shall be maintained. With the above directions, the writ petition is disposed of accordingly at the stage of admission. No costs. _______________ N.V.RAMANA, J. Date: 16.06.2008. VGSR