IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.18367 of 2010 BETWEEN Ganga Vittal. ... PETITIONER AND The Secretary, Government of Andhra Pradesh, Revenue Department, Hyderabad and two others. ...RESPONDENTS Counsel for the Petitioner: MR. B. MALLESWARI Counsel for the Respondents: GP FOR ASSIGNMENT The Court made the following order: ORDER: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein prays that the Hon’ble Court may be pleased to issue an order or direction or writ particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not mutate/transfer of patta of Registered Gift settlement deed in favour of the petitioner from the name of the Ganga Nagulu who is the son of the petitioner and pass such other order or orders as the Hon’ble Court may deem fit and proper in the interest of justice.” 2. The petitioner claims ownership and possession of the agricultural land covered by Sy.No.345/AA admeasuring Ac.4.35 guntas and Sy.No.345/A2 admeasuring Ac.1.02 guntas situated at Gadipeddapur village, Alladurg Mandal, Medak District. Based on the Registered Gift Settlement Deed bearing document No.1763/08 dated 21.05.2008, the petitioner approached the Tahsildar, Alladurg Mandal for transfer of patta in his name. The primary authority under the provisions of the Andhra Pradesh Rights in Land and Pattedar Pass Books Act, 1971 by order dated 15.10.2009 in proceedings No.A/7614/2009 referring to objections of Smt. Ganga Lakshmi, who is the daughter-in-law of the petitioner, rejected the claim of the petitioner for transfer of patta. It is submitted that against the said order, the petitioner preferred an appeal before the Revenue Divisional Officer on 13.11.2009. On the ground that the appellate authority has not considered the appeal, the petitioner has come up with this writ petition. 3. When an appeal is filed by the petitioner, it is for the appellate authority to consider the validity of the findings recorded by the Tahsildar, Alladurg Mandal under his order dated 15.10.2009 and pending consideration of the appeal, no direction can be granted for transfer of patta in the name of the petitioner, as sought for in this writ petition. 4. In view of the pendency of the appeal, I deem it appropriate to direct the second respondent to dispose of the appeal preferred by the petitioner on 13.11.2009, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order. It is needless to observe that the appellate authority shall issue notice to the petitioner and also the objector before the Tahsildar, Alladurg Mandal, before passing appropriate orders. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J August 24, 2010 DSK