ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent by marking with Red Colour on the copies of Adangal as well as 1-B pertaining to the agricultural lands of the Petitioner to an extent of Ac. 5-00 cents situated in Sy. No. 131/1A of Pellakur Village and Mandal, Sri. Patti Sriramulu, Nellore District and thereby creating a cloud on his property without issuing any notice without passing any order and without having any power or authority is arbitrary violative of Articles 14 and 300-A of Constitution of India and accordingly set aside in so far as marking with Red Colour on the copies of Adangal as well as 1-B of the lands belongs to the Petitioner to an extent of Ac. 5-00 cents in Sy. No. 131/1A of Pellakuru Village and Mandal, Sri. Potti Sriramulu Nellore District and consequently and consequently direct the 4th respondent to issue Digitally signed copies of Adangal and 1B pertaining to the lands of the Petitioner to an extent Ac. 5-00 cents situated in Sy. No. 131/1A of Pellakur Village and Mandal, Sri. Patti Sriramulu Nellore District by deleting the Red Colour marking.”

2. It is the case of the petitioner that, in the year 1969, the land to an extent of Ac. 5.04 cents in Sy. No. 131/1 of Pellakur Village and Mandal was assigned by the then Mandal Revenue Officer, Pellakur in favour of one E. Bhasker Naidu, S/o. E. Swamy Naidu under Freedom Fighter's quota. Subsequently in the year 1970 the said original assignee alienated the said land to one Papa Naidu. Subsequently in the year 1973, the said Papa Naidu sold away the subject lands to one Bathina Narasaiah through registered sale deed. Again on 20-2-2007 the purchaser Bathina Narasaiah in turn alienated the land to an extent of Ac. 5.04 cents in favour of Nagati Vijaya Bhaskar Reddy through a Registered sale deed for valuable sale consideration.

3. Thereupon the then Tahsildar, Pellakur initiated action under the provisions of the A.P. Assigned Lands (Prohibition on Transfers) Act, 1977 and resumed the land to the government. But before resuming the land, Form-II Notice was not issued to the purchaser of Nagati Vijaya Bhaskar Reddy. Thereafter in the year 2008 Tahsildar passed orders assigned the said land in favour of the legal heirs of the original assignee i.e. his wife and daughter at the rate of Ac. 2-52 cents each. Though the Tahsildar passed resumption order and assigned in favour of legal heirs of the original assignee, the land is in possession of the Nagati Vijaya Bhaskar Reddy and he is cultivating the lands by raising paddy crop.

4. On coming to know the action of the Tahsildar in making division of the subject land and granting assignments in favour of legal heirs of the original assignee equally, the said purchaser, Nagati Vijaya Bhasker Reddy, filed appeal before the Revenue Divisional Officer. Gudur, requesting to cancel the assignments made in favour of them. Subsequently he also filed W.P. No. 21529 of 2008. Thereupon, on 13-09-2008 this Court granted Interim order vide WPMP No. 28121/2008 and directed the respondents to maintain Status Quo as on date. On 11-10-2010 the original Assignee E. Baskar Naidu also filed a representation before the District Collector, Nellore stating that the said Vijaya Bhaskar Reddy is obstructing cultivation of the land and praying to consider their case. Thereupon, on 10-12-2010 the Joint Collector. Nellore passed orders by directing the Revenue Divisional Officer, Gudur to dispose of the appeal filed by Nagati Vijaya Bhaskar Reddy and also directed the Tahsildar to restore the possession of the land to Nagati Vijayabhaskar Reddy as per the directions of this Court and also make necessary entries in the revenue records. Pursuant to the orders of the Joint Collector, Nellore, on 20-05-2011 the Revenue Divisional Officer, Gudur, pa