THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1511 of 2008 Between: Paranda Ramaiah and another. .. PETITIONERS and The District Collector and others .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1511 of 2008 ORDER: The petitioners seek to issue a Writ of Mandamus declaring the action of the 2nd respondent in issuing proceedings No.C/447/2002, dated 29-01- 2007, as illegal and arbitrary and consequently restore the lands admeasuring Ac.4-25 gts. and Ac.7-16 gts. respectively in Sy.Nos.44/2 and 44/4 situated at Munuganoor Village, Hayathnagar Mandal, Ranga Reddy District, in favour of the petitioners being the legal heirs of the original assignee namely, Late Paranda Achaiah, as contemplated under Section 4 of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act”). The 2nd respondent passed the resumption order, dated 29-01-2007 for resuming the land admeasuring Ac.5-20 gts. in Sy.No.44/1 situated at Munuganoor Village, Hayathnagar Mandal, Ranga Reddy District, on the ground that the original assignee namely Late Paranda Achaiah, who was the father of the petitioners, changed the said land into non-agricultural purpose and converted into plots and sold away to others. As there is a violation of the conditions stipulated under assignment rules and the provisions of Sub-Section (2) of Section 3 of the Act, after issuing notice, the resumption orders have been passed on 29-01-2007. Against the order passed under Section 4(1(a) of the Act, an appeal lies to the Revenue Divisional Officer under Section 4-A (1) of the Act. But, without following the remedy of appeal, the petitioners filed W.P.No.25186 of 2007 before this court in the month of November, 2007 i.e., after lapse of eleven months. However, the said writ petition was dismissed through order, dated 27-11- 2007, with liberty to file an appeal before the Appellate Authority. It is stated that the petitioners filed an appeal before the Revenue Divisional Officer, R.R.District East Division, on 06-12-2007, and the same has been numbered as B1/5759/07. I am not inclined to express any opinion as to whether the appeal has been filed within the prescribed time or not, whether the appeal filed after lapse of prescribed time is maintainable or not and whether the delay, if any, has been condoned or not. If any appeal is pending, the petitioners are not entitled to file this writ petition seeking the relief as claimed. Even, as per the resumption order, the assigned land has been converted into plots and sold away to others. Therefore, the question of restoration of the assigned land in favour of the petitioners does not arise. However, if the appeal is pending, it is for the petitioners to pursue the appeal before the Appellate Authority. Therefore, the writ petition is not maintainable and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 31-01-2008 Prv