HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.8792 OF 2008. DATED 17th Februajry, 2011. BETWEEN Kambampati Mastan and anr …Petitioners and The Tahsildar, Edlapadu Mandal, Guntur District and anr. ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 8792 OF 2008. ORDER: It is averred in the Writ affidavit that the first petitioner has purchased the land to an extent of Ac.2.05 cents in Sy.Nos. 520AIZ22, 520AIZ24 and 520AIU of Mydhavole village, Edlapadu Mandal, Guntur District from one Sri Bathula Rama Rao on 7.12.2006 for a sale consideration of Rs.2,36,000/- and possession of the property was delivered to him. Similarly, the second petitioner purchased land to an extent of Ac.2.53 cents in Sy.Nos.520AIR, 520 AIQ, 520 AIP and 520 AIX of Mydhavole village for a sale consideration of Rs.2,02,400/- and he is in possession and enjoyment of the said property. It is stated by the learned Counsel for the petitioners that the respondents sought to acquire the aforesaid property of the petitioners and hence issued necessary notices to the original assignee of the land, i.e. Bathula Rama Rao. It is further submitted that the respondents are taking active steps to dispossess the petitioners from the subject land. Counter has been filed by the respondents, wherein it has been averred that the aforementioned land was originally assigned to Bathula Rama Rao, who sold the same to the petitioners in complete violation of sub-Section (2) of Section 3 of the A.P. Assigned Lands(Prohibition of Transfer) Act 1977 and hence notices were issued to the said Bathula Rama Rao, but, he did not submit any explanation to the notice. Consequently, it is further stated, the respondents issued Form-II notice to the original assignee as well as alinees on 20.3.2007. The said notices were received by them, but no explanation was submitted. Thereafter, the Tahsildar passed resumption order on 19.04.2007 and the same were served on the alinees on 5.5.2007 and the possession of the subject land was taken over by the Government by conducting panchanama on 10.08.2007. It is further submitted that against the order passed by the Tahsildar, the petitioners ought to have preferred appeal before the Revenue Divisional Officer, but no appeal has been filed. Therefore the present Writ Petition is not maintainable. After hearing the learned Counsel for the parties, it is clear from the counter affidavit filed on behalf of the respondents that the subject land was assigned to one Bathula Rama Rao, who sold the same to the petitioners in violation of Sub Section (2) of Section 3 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977. Thereafter, the respondents served notices to the original assignee as well as alinees on 20.3.2007, but, they did not submit any explanation to the said notice. Thereafter, the Tahsildar passed order of resumption on 19.4.2007. Thereafter, the respondents have allotted the land to A.P. Spices Board on 31.12.2007. Against the said resumption order, the petitioners have statutory remedy of appeal, which the petitioners have not availed. Therefore this Writ Petition is not maintainable. Resultantly, the Writ Petition is dismissed as not maintainable. However, liberty is granted to the petitioners to challenge the order passed by the Tahsildar, dated 19.4.2007 before the Revenue Divisional Officer. In case appeal is filed, question of condonation of delay may sympathetically be considered as the petitioners have pursuing the remedy before this Court. The Writ Petition is disposed of . There shall be no order as to costs. ------------------------------------ -- JUSTICE ASHUTOSH MOHUNTA Dated 21st February, 2011. Msnro