IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 22406 of 2008 Between: 1 Veeravalli Veeramani W/o. Chinna Rao R/o. M.M. Puram Village, Bhimadole Mandal, W.G. Dist. 2 Thallagudem Pedda Koteswara Rao S/o. Paramesu R/o. M.M. Puram Village, Bhimadole Mandal, W.G. Dist. 3 Thallagudem Chinna Koteswara Rao S/o. Paramesu R/o. M.M. Puram Village, Bhimadole Mandal, W.G. Dist. 4 Thallagudem Krishna S/o. Paramesu R/o. M.M. Puram Village, Bhimadole Mandal, W.G. Dist. 5 Sundaranedi Nageswara RAo S/o. Ammi Raju R/o. M.M. Puram Village, Bhimadole Mandal, W.G. Dist. 6 Sanku Gandhi S/o. Peddaiah R/o. Budanapalli, Ganapavaram Mandal, Krishna Dist. 7 Dasari Venkata Krishna Rao S/o. Rama Rao R/o. Mutyalapalli, Mogalthru Mandal, Krishna Dist. 8 Pemmanaboina Adi Lakshmi W/o. Rama Govindu Penumalla Village, Kajuluru Mandal, E.G. Dist. .... PETITIONERS AND 1 The Dist. Collector W.G. Dist. at Eluru. 2 The Revenue Divisional Officer Eluru, W.G. Dist. 3 The Tahsildar Bhimadole Mandal, W.G. Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in not granting stay order on the petition in the pending appeal ﬁled against order dt.03-08-2008 in Roc.No.B/450/2008 from the proceedings of 3rd Respondent as illegal, irregular, arbitrary, violative of the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and oﬀends Articles 14, 21 & 300-A of the Constitution of India and consequently direct the Respondents not to dispossess the petitioners from their respective lands covered by Survey Numbers 577 & 728/ 1 & 2 of Pulla Village, pending finalization of the appeal before the 2nd Respondent. Counsel for the Petitioners: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the petitioners stating that they are the absolute owners, possessors and enjoyers of the landed property of diﬀerent extents situated at Pulla Village and eversince the date of purchase they are in possession and enjoyment of the said lands by cultivating the same with paddy crop. Their names were also mutated in the revenue records as per the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. While the matters stood thus, proceedings were initiated by the 3rd respondent-Tahsildar, Bhimadole Mandal against them stating that they purchased the assigned lands in contravention of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and passed orders resuming the lands on 3.8.2008. Aggrieved by the same, it is stated that the petitioners preferred appeals before the 2nd respondent-the Revenue Divisional Oﬃcer on 1.9.2008 along with stay applications seeking stay of the orders dated 3.8.2008. The grievance of the petitioners is that so far, no orders are passed by the appellate authority either on the stay application or in the main appeal. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue and at their request the writ petition itself is taken up for ﬁnal disposal at the admission stage. The learned Government Pleader submits that since the petitioners have already ﬁled appeals along with stay applications against the resumption orders, instead of this Court going into the merits of the matter, the appellate authority may be directed to consider and dispose of the appeal itself, for which course of action, the learned counsel for the petitioners also agreed. In the circumstances, without going into the merits of the matter, the 2nd respondent – Revenue Divisional Oﬃcer is directed to pass appropriate orders either on the main appeal or in the stay petition ﬁled by the petitioners against the orders of resumption passed by the Tahsildar, Bhimadole Mandal and till such time, status quo obtaining as on date shall be maintained. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.15.10.2008 msv