The court held that since a statutory appeal is available under Section 4(A)(1) of the AP Assigned Lands (POT) Act, 1977, the petitioner must exhaust this alternative remedy before seeking relief under Article 226 of the Constitution.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue order direction more particularly one in the nature of Writ of MANDAMUS to declare the proceedings of the 4th Respondent in ROC No.555/2025/DT ated 18-12-2025 regarding land covered in R.S.No.360/3 an extent of Ac.1.52 cts situated at Teegalavancha Village, Chintalapudi Mandal, Eluru District as illegal, arbitrary, and contrary to the provisions of the AP Assigned Lands (Prohibition of Transfer) Act 1977, and consequently set aside the same and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay all further proceedings, including eviction of the Petitioner in respect of the land covered in R.S.No.360/3 an extent of Ac.1.52 cts situated at Teegalavancha Village, Chintalapudi Mandal, Eluru District, pending disposal of the above writ petition and pass

The Court made the following Order:

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

2. This writ petition is filed questioning the order of the 4th respondent dated 18.12.2025, directing to take possession of the land in an extent of Ac.1.52 cents in R.S.No.360-3 of Teegalavancha Village after conducting Panchanama and restoration of the same in favour of the family members of the original assignee, Sri Allam Tatayya S/o Lakshmayya to incorporate the same in Village Accounts under proper attestations.

3. The learned counsel for the petitioner submits that the allegation against the petitioner is that she is in possession of the subject land, which was originally assigned to Sri Allam Tatayya S/o Lakshmayya and as such, the authorities concerned alleged that there is a contravention of Rule 3(1) of the Andhra Pradesh Assigned Lands (POT) Act, 1977 (hereinafter referred as “the Act”) and as such by issuing Form-I and Form-II notices and conducting of enquiry, the above said impugned order was passed by the 4th respondent dated 18.12.2025 as stated above, to take possession of the subject land from the petitioner herein.

4. He further contends that the 4th respondent ought not to have initiated proceedings under the said Act, since for the subject land, the petitioner was given patta handing over the possession of the agricultural land to an extent of Ac.2.52 cents in R.S.No.360-3 of Teegalavancha Village along with the other extents as detailed therein. Hence, the 4th respondent cannot constitute that the petitioner is in illegal possession of the subject land showing the original assignee as Sri Allam Tatayya S/o Lakshmayya. Aggrieved by the above said action of the 4th respondent, this writ petition is filed.

5. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that the original assignee is the legal heir, who has not been made as party respondent to this writ petition. However, the impugned order of the 4th respondent dated 18.12.2025 is an appealable order before the 3rd respondent under Section 4 (A)(1) of the said Act, which can be preferred within 90 days from the date of receipt of the said order.

6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, since the petitioner has got an alternative remedy to raise all the objections, including the applicability of the provisions of the said Act, the petitioner is permitted to p