THE HONOURABLE SRI JUSTICE V. ESWARAIAH WRIT PETITION No.20 OF 2008 DATED: 17-01-2008 BETWEEN Gundi Mohan Rao, S/o. Late G. Subba Rao, Occ: Cultivation, Lokumudi Village, Mandavalli Mandal, Krishna District. …PETITIONER AND The District Collector, Krishna District at Machilipatnam and two others. …RESPONDENTS ORDER: Petitioner questions the resumption order passed by the Tahsildar, Mandavalli Mandal, Krishna District in Rc.A.187/2007 dated 10.08.2007 under Section 4(1) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). 2. Learned counsel for the petitioner submits that the impugned order has been passed against one Gundi Subba Rao, the father of the petitioner, who died on 20.10.2000, therefore, impugned order passed against a dead person is illegal and unsustainable. 3. A perusal of the impugned order goes to show that the land in question in an extent of Ac.0.85 cents in Sy.No.3/2 of Lokumudi Village, Mandavalli Mandal was originally assigned in favour of one Ghanta Samuel but the father of the petitioner is said to be found in occupation and possession of the said land in contravention of the provisions of sub-sections (1) and (2) of Section 3 of the Act; accordingly, it was presumed the said land was alienated in favour of the father of the petitioner. However, the petitioner has not laid any foundation with regard to his right, title over the said land and it has not been demonstrated by any means as to whether the said land is assigned land or not. However, I am of the opinion that as against the impugned order an appeal lies to the Revenue Divisional Officer under Section 4-A of the Act, therefore, it is open for the petitioner to take all pleas before the appellate authority as to whether the said order passed against the dead person, without giving reasonable opportunity to him, is illegal and unsustainable and whether the said land is assigned land or not and whether there was any alienation in contravention of the provisions of the Act. 4. Having regard to the facts and circumstances of the case, the petitioner is permitted to file an appeal within ten days from today before the Revenue Divisional Officer and if such an appeal is filed, status quo obtaining as on today shall be maintained pending disposal of the appeal. If no appeal is filed within the stipulated time, the order of status quo automatically stands vacated. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J January 17, 2008 DSK