HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20509 of 2009 Date : 01.07.2011 Between : Netturi Nagabhushanam. …..Petitioner And The Revenue Divisional Officer, Kandukur, Prakasam District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20509 of 2009 ORDER: The petitioner claims that his father Netturi Venkata Subbaiah was assigned an extent of Ac.3.15 cents in Sy.No.1740/10 of Anandapuram village in the year 1979 and he was also issued pattadar pass book. It is the case of the petitioner that as the said land was assigned land, which is inheritable, petitioner is entitled to succeed to the same. It is his case that his father leased out the property to the 4th respondent in the year 1986 when he was not keeping good health, and subsequently died. It is his grievance that when there was a request by him to re-deliver the possession of land in question which was originally assigned to his Late Father, the 4th respondent is not delivering property to him, as such, he filed an application before the 2nd respondent-Tahsildar, to inquire into the matter and pass appropriate orders. It is stated that when no action was taken on his application, he has also filed an appeal before the appellate authority/Revenue Divisional Officer, and the appellate authority, by an order dated 20th of February 2009, issued in Proceedings D.Dis.No.1674/2006/B, remanded the matter with a direction to the Tahsildar, to initiate action against both the appellant and respondent under the provisions of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977. In the writ petition, though the petitioner has questioned the validity of the order, dated 20th February 2009, passed by the 1st respondent-Revenue Divisional Officer, when the matter is taken up, it is submitted by the learned counsel for petitioner that the 2nd respondent-Tahsildar be directed to pass appropriate orders in the light of the orders passed by the Revenue Divisional Officer, in the order, dated 20th of February 2009, issued in Proceedings D.Dis.No.1674/2006/B. Whether the possession of 4th respondent over the land in question is in contravention of the provisions under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, is a matter, which is required to be considered by the competent authority, and this Court, in the absence of appropriate material, cannot record any finding on the said issue. As the petitioner is not pressing for any relief against the orders passed by the 1st respondent in Proceedings D.Dis.No.1674/ 2006/B, dated 20.02.2009, I deem it appropriate to dispose of the writ petition with a direction to the 2nd respondent-Tahsildar to decide the claim of petitioner with regard to the land covered by Sy.No.1740/10 of Anandapuram village, Kandukur Mandal, Prakasam District, and pass appropriate orders by following the procedure prescribed under the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 and the Rules made thereunder, within a period of three months from today, if orders are not passed as on today. It is needless to observe that the petitioner as well as respondent No.4 be given notices and they should be given an opportunity of being heard, before passing appropriate orders. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 1st July 2011 N.B: Issue C.C. in one week. (b/o) ajr