THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.32661 of 2010 ORDER: In this writ petition, limited grievance of the petitioner is to declare the action of the respondent – Revenue Divisional Officer, Kurnool, in not passing interim orders in the appeal filed by him on 26.11.2010 under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’), as illegal and arbitrary. The petitioner claims ownership and possession over the lands of an extent of Ac.0.89 cents in Survey No.166/3 and Acs.2.05 cents in Survey No.166/4 of Julakallu Village, Guduru Mandal, Kurnool District. It is stated that in the record of rights, his name was recorded as pattadar and possessor of the above said lands but when the Tahsildar, Guduru, has incorporated the name of his brother, P.Ramachandra Reddy, and issued pattadar passbook and title deeds in respect of the aforesaid lands, he filed appeal under Section 5(5) of the Act before the respondent/appellate authority. It is also stated that although he has filed an application for grant of interim orders, the appellate authority is not considering the same. Whether the petitioner is entitled to an interim order in the application filed by him along with the appeal is a matter to be examined by the respondent/appellate authority, but as much as it is stated that the appeal filed by the petitioner along with the application for interim orders is pending consideration, without going into the merits of the application for grant of interim orders, I deem it appropriate to direct the respondent to consider the application filed by the petitioner for grant of interim orders in the appeal filed under Section 5(5) of the Act, pass appropriate orders and communicate the same to him. It is needless to observe that before passing any such interim order, the appellate authority shall issue notice of hearing to respondents 2 and 3 in the appeal, namely, P.Ramachandra Reddy and P.Bhanuprakash Reddy. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 27th DECEMBER, 2010. Note: issue c.c. in three (3) days. kvni