THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :24010 of 2007 DATED:17-01-2008 BETWEEN: Nelavala Venkata Subbamma & 2 others. ..... PETITIONERS AND The District Collector, Nellore District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioners seek a writ of mandamus declaring the action of the 3rd respondent in dispossessing the petitioners from the lands in Sy.No.190/8A for an extent of each Ac.1.00 situated at Kogili village, Chittamoor mandal, Nellore District without considering the objections laid by the petitioners, as illegal, and arbitrary. 3. The only grievance of the petitioners is that they have been given a notice under Rule 3 of the A.P.Assigned Lands (Prohibition of Transfers) Rules ( for brevity, ‘the Rules’) calling upon them to submit explanation within fifteen days as to why they shall not be dispossessed from an extent of Ac.1.00 each in Sy.No.190/8A situated at Kogili village, Chittamoor mandal, Nellore District without passing any final orders, which is illegal and arbitrary. 4. Learned counsel appearing for the petitioners submits that by the date of filing of the Writ Petition final orders passed were not communicated and presently the 3rd respondent-Tahsildar, Chittamoor mandal passed final order in R.C.B.315/2007, dated 20-08-2007. It is stated that against the said final order petitioners filed an appeal before the 2nd respondent-Revenue Divisional Officer, Gudur on 24-11-2007. The prayer in the Writ petition to declare the action of the respondents in seeking to dispossess the petitioners without following due process of law is not surviving as the final order has already been passed and the petitioners have already filed appeal before the appellate authority along with stay application. 5. Accordingly, Writ Petition is dismissed with a liberty to prosecute the appeal and also to obtain appropriate stay orders. If the stay orders are not granted it is open for the petitioners to approach this Court. No order as to costs. _________________ V.ESWARAIAH,J 17th January, 2008. Tsy