IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.9009 of 2009 Between: Gamidi Narsimha Murthy s/o.Late Suranna R/o.Jaganathapuram village Gopalapuram Mandal, W.G.District ..... PETITIONER AND 1 The Revenue Divisional Officer, Jangareddigudem Revenue Division, Jangareddigudem, W.G.District 2 The Tahsildar, Koyalagudem Mandal, Koyalagudem, W.G.District. 3 The Tahsildar, Koyalagudem Mandal West Godavari District .....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 order direction more particularly one in the nature of writ of mandamus to declare the action of the respondents in not passing orders on the stay petition I.A.No. 5 of 2009 in Appeal No. 1 of 2009 on the file of 1st respondent as illegal arbitrary and consequentially direct the 2nd respondent not to evict the petitioner from the schedule land situated in R.S. NO. 946/1 an extent of Ac. 4.00 cts of Parimipudi Village, Koyalagudem Mandal, W.G. District pending disposal of the Appeal No.1 of 2009 on the file of 1st respondent. Counsel for the Petitioner:MR.P.R.K.AMERANDRA KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: ORDER: The Tahsildar, Koyalagudem Mandal – the second respondent passed the order, dated 07.08.2007 directing resumption of the land admeasuring Acs.4.79 cents in R.S.No.946/1 of Parimipudi Village, Koyalagudem Mandal, West Godavari District, on the ground that the father of the petitioner purchased the same from an assignee. The petitioner filed an appeal before the first respondent together with an application for stay. His grievance is that no orders have been passed on the application for stay and the second respondent is trying to dispossess the petitioner. It is an admitted fact that the petitioner availed the remedy of appeal under Section 4-A of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, feeling aggrieved by the order, dated 07.08.2007 passed by the second respondent. If he is dispossessed from the land in question even while the appeal is pending, the very purpose of filing the appeal will be defeated. Hence, the writ petition is allowed and the order, dated 07.08.2007 passed by the second respondent shall remain suspended, till the disposal of the appeal by the first respondent. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 29th APRIL, 2009. kvni