THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.998 of 2008 Date: 11-02-2008 Between: 1.Polani Kavitha and another. …Petitioners and 1.The Sub-Collector, Gudur, Nellore District and another. …Respondents THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.998 of 2008 Date: 11-02-2008 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in not considering the claims of the petitioners for restoration of various extents of lands in various survey numbers of Manavali Village, Ozili Mandal, Nellore District, in favour of the petitioners, and seeking to assign the said lands in favour of third party as illegal. The case of the petitioners is that they have been assigned different extents of lands in different survey numbers of Manavali Village, Ozili Mandal on 24-01-2005 but, the second respondent vide proceedings in Rc.No.B.267/1/2007 and 267/2/2007, dated 04- 07-2007 resumed the same on the ground that the said lands were found to be in occupation of one Sri Ch.Madhusudhan although they were assigned in favour of the petitioners. After giving notices to the petitioners, who were the assignees, and the alleged enjoyer, the impugned orders of resumption have been passed by the second respondent. The petitioners filed an application before the second respondent seeking restoration of the said land, but it was not considered. Thereafter, the petitioners filed a statutory appeal before the first respondent questioning the impugned resumption orders. The core grievance of the petitioners is that although the appeal and the representation filed by them are pending, the respondents are taking steps to assign the lands in question in favour of third party. I am of the opinion that unless the petitioners question the impugned resumption orders, they are not entitled for any relief. Although the petitioners have stated that they have filed a statutory appeal before the first respondent-appellate authority, the material available on record does not reveal that any appeal has been filed and is pending. However, it is always open for the petitioners to seek appropriate remedy before the appellate authority. The Writ Petition is, accordingly, dismissed. No costs. ------------------------ (V.Eswaraiah, J) 11-02-2008 LUR