IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25333 of 2008 Between: Adapa Satyanarayana, S/o. Kondala Rao, R/o. Addateegala Village and Mandal, East Godavari District. ..... PETITIONER AND 1 The Joint Collector, East Godavari District at Kakinada. 2 The Project Officer, I.T.D.A., Rampachodavaram, East Godavari District. 3 The Settlement Officer, Peddapuram, East Godavari District. 4 The Mandal Revenue Officer, Addateegala, East Godavari District. 5 The Commissioner, Survey Settlement and Land Record, Abids, Hyderabad, (Appellate Authority under AP Muttas, (Abolition & Conversion into Ryotwari)) Regulations .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court MAY be pleased to issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dispossessing the petitioner from his lands to an extent of Hec 1.66 and 2.80 in Sy. No. 34/3 and 37/3 situated at Addateegala Village and Mandal, East Godavari District despite of the pendency of the statutory appeal before the 5th respondent as illegal, arbitrary and unjust and consequently direct the respondents not to evict the petitioner from the above mentioned lands pending disposal of the appeal before the 5th respondent. Counsel for the petitioner: MR.K.VENKATESH Counsel for the respondents: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25333 of 2008 ORDER: Petitioner is stated to be the owner and possessor of an extent of 1.66 and 2.80 hectors of land in Sy.Nos.34/3 and 37/3 situated at Addateegala village. When the 1st respondent cancelled the ryotwari patta granted in his favour, he ﬁled W.P.No.9926 of 2002, questioning the said order of cancellation. This Court disposed of the said writ petition on 14.08.2008 giving liberty to the petitioner to ﬁle an appeal against the order of cancellation, dated 11.04.2002, passed by the 1st respondent before the Commissioner of Survey, Settlement and Land Records, A.P., Hyderabad, 5 th respondent herein. This Court further observed that if the petitioner ﬁles such an appeal, the 5th respondent shall entertain the same and pass appropriate orders in accordance with law. Now the grievance of the petitioner is that he ﬁled an appeal on 18.09.2008 before the 5th respondent along with an application seeking a direction to the respondents not to dispossess him from the land in question till the disposal of the appeal. However, during the pendency of the said application and the appeal, 4th respondent is trying to dispossess him from the lands in question. Hence, he filed this writ petition. Heard the learned counsel for the petitioner and the leaned Government Pleader for Social Welfare. A perusal of the papers annexed to this writ petition clearly indicates that the petitioner ﬁled an appeal on 15.09.2008, as per the directions of this Court, along with an application seeking a direction to the respondents not to dispossess him from the land in question till the disposal of the main appeal. When the appeal is pending adjudication and the matter is sub judice, 4th respondent ought not to have taken steps to dispossess the petitioner from the land in question. Therefore, the writ petition is disposed of, at the stage of admission, directing the 5th respondent to dispose of the appeal preferred by the petitioner against the order of the 1st respondent dated 11.04.2002, within a period of eight weeks from the date of receipt of a copy of this order. Till disposal of the said appeal, the respondents shall not dispossess the petitioner from an extent of 1.66 and 2.80 hectors of land in Sy.Nos.34/3 and 37/3 respectively, situated at Addateegala village and Mandal of East Godavari District. There shall be no order as to costs. _____________________________ Justice Gopala Krishna Tamada 19th November 2008 sh To 1 The Joint Collector, East Godavari District at Kakinada. 2 The Project Officer, I.T.D.A., Rampachodavaram, East Godavari District. 3 The Settlement Officer, Peddapuram, East Godavari District. 4 The Mandal Revenue Officer, Addateegala, East Godavari District. 5 The Commissioner, Survey Settlement and Land Record, Abids, Hyderabad, (Appellate Authority under AP Muttas, (Abolition & Conversion into Ryotwari)) Regulations 6 2CCs to the Government Pleader for Social Welfare, High Court of A.P., Hyderabad. 7 2CD copies.