IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18765 of 2008 Between: 1 Gedela Gourunaidu, S/o. Late Surapunaidu ( Died) for L.R.s Gedela Bhagya Rathnam Naidu, S/o. Gouru Naidu Residing at Taavaram Village, Veeraghattam Mandalam of Srikakulam District. 2 Kumari Gedela Usharani D/o. Gourinaidu Residing at Taavaram Village, Veeraghattam Mandalam of Srikakulam District. 3 Gedela Ramesh Naidu S/o. Gourinaidu Residing at Taavaram Village, Veeraghattam Mandalam of Srikakulam District. 4 Gedela Srinivasanaidu S/o. Gouru Naidu Residing at Taavaram Village, Veeraghattam Mandalam of Srikakulam District. 5 Bora Appalanarasamma W/o. Late Pentannaidu Residing at Taavaram Village, Veeraghattam Mandalam of Srikakulam District. 6 Smt. Botcha Suryanarayanamma W/o. Raminaidu Residing at Taavaram Village, Veeraghattam Mandalam of Srikakulam District. 7 Tamarana Joginaidu, S/o. late Narayanaswamy Naidu,Hindu, Residing at Yerakarayapuram Palakonda Mandalam of Srikakulam District. 8 Tamarana Chandrinaidu, S/o. late narayanaswamy Naidu,Hindu, Residing at Yerakarayapuram Palakonda Mandalam of Srikakulam District. 9 Tamarana Venkateswara rao, S/o. late Narayanaswamy Naidu,Hindu, Residing at Yerakarayapuram Palakonda Mandalam of Srikakulam District. 10 Tamarana Trinadhanaidu, S/o. late Narayanaswamy Naidu,Hindu, Residing at Yerakarayapuram Palakonda Mandalam of Srikakulam District. 11 Vana Venkata Ratnam, W/o. Prasadarao,Hindu, Residing at Palakonda, Palakonda Mandalam of Srikakulam District. 12 Karri Satyavathamma, W/o. govindarao,Hindu, Residing at Santhanarasipuram Village,, Palakonda Mandalam of Srikakulam District. ..... PETITIONER(S) AND 1 The State of A.P., rep. by the District Collector, Srikakulam District. 2 The Revenue Divisional officer, The Land Reformes Tribunal, Palakonda. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned public notice dated 28.07.2008 issued by the 2nd respondent, Palakonda though appeals, LRA 1/1998 and LRA 2/1998 against LCC No. 1771/ PLK 75 and LCC no. 1727/PLK/75 are pending before the Appellate Tribunal, Srikakulam as illegal, arbitrary, untenable, without any application of mind, violative of Article 14, 21 and 300-A of the Constitution of India and consequently the set aside the same and pass Counsel for the Petitioner:MR.G.TUHIN KUMAR Counsel for the Respondent No.: GP FOR REVENUE ORDER: This Writ Petition is ﬁled seeking a Mandamus declaring t h e impugned public notice dated 28.7.2008 issued by the second respondent-RDO and Land Reforms Tribunal, Palakonda as illegal and arbitrary. It is the case of the petitioners that their father and others ﬁled Appeal Nos. 1 and 2 of 1998 before the Land Reforms Appellate Tribunal, Srikakulam against the orders passed by the primary authority in LCC No. 1727/PLK/75 and LCC No. 1771/PLK/75 dated 13.5.1998. The Appellate Tribunal initially granted stay of the orders passed by the Land Reforms Tribunal. Subsequently, the appeals were dismissed for default. Pursuant thereto, the second respondent issued public notice on 28.7.2008 stating that the lands notiﬁed therein are selected for surrender under Section 10 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and the Tribunal has provisionally approved such surrenders. The said notice also indicates that any person having any objection concerning the scheduled lands may ﬁle his objections in writing supported by a summary of evidence and copies of documents relied on within ﬁfteen days from the date of publication of the notice. It is stated that after coming to know of the dismissal order through the proceedings issued by the Revenue Divisional Oﬃcer on 12.8.2005, the petitioners ﬁled interlocutory applications in both the appeals seeking their restoration and condonation of the delay. The grievance of the petitioner is that even while the said applications are pending, the impugned notices are issued arbitrarily. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for disposal at the admission stage. Admittedly, the appeals preferred by the father of the petitioners and others were dismissed and as on date they were not restored. Therefore, the contention of the petitioners that unless their appeals are adjudicated, they cannot be asked to surrender the lands cannot be accepted. Petitioners instead of approaching the Tribunal, seeking the relief, straightaway approached this Court under Article 226 of the Constitution of India. However, in view of the threat of dispossession of the petitioners, from the subject matter of lands they are directed to approach the Tribunal within a period of one week from the date of receipt of a copy of this order seeking appropriate relief and till such time, status quo obtaining as on today shall be maintained. Accordingly, the Writ Petition is dismissed. No order as to costs. N.V.RAMANA,J DATE. 29.8.2008 ka ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P., rep. by the District Collector, Srikakulam District. 2 The Revenue Divisional officer, The Land Reformes Tribunal, Palakonda. 3. 2CCs to the Government Pleader for Revenue, High Court of Andhra Pradesh, Hyderabad (OUT). 4. 2CD copies