The action of the respondents, in placing large extents of land in Yerranagavari Palle village and in paimash Nos.120 to 139 of Penubalakala hamlet in Chittoor District in the Prohibitory Book Register, is under challenge in this writ petition. Consequential directions are sought to implement G.O.Ms. No.439 dated 13-3-1957 and to include the name of the petitioner, in the revenue records, as the owner of these lands.

2. The facts, to the extent necessary, are that Punganoor Zamin estate was notified on 07 -09-1950 and was finally taken over by the Government, under the A.P. Estates (Abolition and Conversion into Ryotwari) Act (Act 26 of 1948), on 22-07-1952. When the Zamin was notified and taken over a representation was submitted by the Zamindar to the government on 17-11-1952 stating that certain lands purchased by his ancestors more than 80 years before abolition of the Estate, and which were his personal property, did not form part of the "Estate". G.O.Ms.No.439 dated 13-03-1957 was issued by the Government wherein it was noted that, from out of the villages mentioned in the schedule to the petition of the Zamindar of Punganur, three villages i.e., Annagaripalle, Bonthavaripalle and Bharanipalle had been taken over by the government under the Estates Abolition Act and the forests therein vested in the government. With regard to the remaining 32 villages, the government agreed with the views of the Board of Revenue and considered that the claim of the landholder was untenable in all cases except in respect of the forest areas of Yerranagavaripalle village and those covered by paimash Nos.120 to 139 of Penubalakala hamlet. The government directed that all the forest areas situated in or near the 32 specified villages, except the forests of Yerranagavari Palle village and those covered by Paimash Nos. 120 to 139 of Penubalakala, shall be deemed to have vested in the government along with the main Punganur Zamindari with effect from 22-07-1952 (the date on which the said Zamindari was taken over by the government). The Director of Settlements was requested to include the forest revenue derived from all the forest areas referred to in the G.O, except the forests of Yerranagavaripalle village and Paimash Nos.120 to 139 of Penubalakala hamlet, in the computation of the basic annual sum relating to Punganur Zamin, if he had not already included it, and to revise the advance compensation, if necessary. The government also approved the proposal of the board of revenue regarding declaration of the forests and directed that the officers of the forest department should get the boundaries of the forests, in all the 32 villages, demarcated with chains so that the survey staff could take up survey of the areas with the least possible delay and complete it expeditiously at the minimum cost.

W.P.No.320 of 1957 was filed by the Zamindar seeking to have G.O.Ms.No.439 dated 13-03-1957 quashed. This Court held that the question, as to whether the land formed part of an estate, must be decided on a consideration of several documents which could not be done within the limited scope of writ proceedings under Article 226 of the Constitution of India. This Court considered that the just and equitable course, from the point of view of all parties, would be to refer the aggrieved party to a suit wherein he could adduce all available evidence and there would be a judicial consideration of all evidence adduced and findings would be arrived at which in their turn could be canvassed, if necessary, in a court of appeal, if not in more than one court. Having regard to the fact that this question could not be satisfactorily disposed of in a writ petition, this court directed that the petitioner should seek his remedies, if any, in a properly constituted suit. Without going into the merits of the contentions of the respective parties this court, by order dated 12-02-1958, dismissed the writ petition on this preliminary ground.

3. Sri A. Raja Reddy and 13 ot