THE HONOUABLE SRI JUSTICE V.ESWARAIAH W.P. No. 1761 of 2008 Date:01-02-2008 Between: P.Prakash .. PETITIONER AND The Revenue Divisional Officer, Dharmavaram and another .. RESPONDENTS ORDER: The petitioner seeks a writ of mandamus declaring the action of the 1st respondent in rejecting the stay petition during pendency of the appeal in Rc.No.2409/2007/B, dated 26.12.2007, as illegal and arbitrary and consequently to direct the 1st respondent to dispose of the appeal in accordance with law. It is the case of the petitioner that as against the resumption orders passed by the 2nd respondent in proceedings R.C.No.229/2007(B), dated 15.12.2007 in resuming the land of an extent of Ac.0.81 cents in Sy.No.152-15 of Bathalapalli village on the ground that the said land was originally assigned in favour of Smt.Akkim Peddakka @ Chandrakka and his legal heirs subsequently sold the said land and thus there is contravention of sub-section 1 and 2 of Section 3 of A.P. Assigned Lands (Prohibition of Transfers) Act (for short “the Act”) as the assigned lands are not alienable. It is stated that the petitioner filed an appeal against the order of the Tahsildar before the Revenue Divisional Officer and the said appeal is pending in Rc.No.2409/2007/B, dated 26.12.2007. I am of the opinion that as the statutory appeal is filed and pending under Section 4A(1) of the Act, it is just and proper to protect the assigned lands, otherwise the appeal itself will become infructuous. Having regard to the facts of the case, the writ petition is disposed of directing the 1st respondent to consider and dispose of the appeal pending in Rc.No.2409/2007/B, dated 26.12.2007 filed against the resumption orders of the Tahsildar in proceedings R.C.No.229/2007(B), dated 15.12.2007 and pending disposal of the appeal, status-quo with regard to the possession obtained as on today shall be maintained. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:01.02.2008 Ccm