The failure to appeal against a resumption order renders a subsequent writ petition not maintainable.

ORDER:

Challenging the action of the respondents in interfering with the possession of the petitioners’ writ schedule property without issuing any notice and without following due process of law, the petitioners has approached this Court by way of the present writ petition.

2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents.

3. The 3^rd respondent has filed counter-affidavit stating that the petitioner was the assignee of the subject land. However, since the subject land was found to be in possession of one Sri Gampa Sambaiah, notice in Form – I & II were issued to the petitioner for resumption of the land in terms of Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 , the order of resumption was passed on 25.11.2011 after giving due opportunity to the petitioner. In view of the same, it is stated that the petitioner cannot contend that the action of the respondents is without recourse to law.

4. In reply, the learned counsel for the petitioner contends that the assignment was granted subject to the payment of the amount fixed by the authorities as per the condition 2 of the assignment, dated 12.08.1980. In that view of the matter, the respondents cannot resume the land for any alleged violation of conditions of the assignment.

5. Considered the rival submissions. Since, the order of the resumption was passed in 2011 and the petitioner did not file any appeal against the said order, the present writ petition in the light of the said proceedings is not maintainable. In that view of the matter, this Court is not inclined to issue Mandamus to the respondents. Be that as it may. Liberty is granted to the petitioner to file an appeal within a period of two (02) weeks from the date of receipt of the order. If such an appeal is filed within such period, concerned authority shall treat the appeal as filed within time and dispose of the same in accordance with law, after giving due opportunity to the petitioner not later than four (04) weeks from the date of filing of such appeal. While admitting the writ petition, this Court vide order, dated 12.02.2020 directed the respondents not to dispossess the petitioner from the subject land. The said interim order shall be continued till the disposal of the appeal by the Revenue Divisional Officer.

6. With the above observation, the Writ Petition is disposed.

There shall be no order as to costs.

As a sequel, all pending miscellaneous applications shall stand closed.

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JUSTICE KIRANMAYEE MANDAVA Date: 20.01.2025 MSI THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3323/2020 Date: 20.01.2025 MSI