IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4350 of 2008 Between: T. Jaya Raman, S/o. A. Tyagaraja Ayyar, R/o. No. 9, K.R. Koil Street, West Mambalem, Chennai, Tamilnadu ..... PETITIONER AND 1 The Govt. of AP Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Revenue Divisional Officer, Tirupati, Chittoor District. 3 The Tahsildar, Tirupathi Rural Mandal, Chittoor District. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of of Mandamus declaring the in action of the 2nd respondet in not disposting the appeal against proceedings No. Roc. D/389/2005, dated 27-7-2005 of the 3rd respondent directing eviction of the petitioner from the agricultural lands admeasuring Acs. 0-47.67 cents in Sy.No. 471/1 situated at Avilala Village, Tirupati Rural mandal, Chittoor District as illegal, arbitrary, without jurisdiction and contravention of Article 300-A of the constitution of India and consequently set aside the same and to pass Counsel for the Petitioner:SMT.BOBBA VIJAYALAKSHMI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4350 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the 2nd respondents in not disposing the appeal filed by the petitioner against proceedings No. Roc. D/389/2005, dated 27-7-2005 of the 3rd respondent canceling the assignment and resuming the agricultural land admeasuring Acs. 0-47.67 cents in Sy.No. 471/1 situated at Avilala Village, Tirupati Rural mandal, Chittoor District as illegal. The petitioner claims that he is the absolute owner of agricultural land admeasuring Ac. 0-47.67 cents in Sy.No. 471/1 situated at Avilala Village, Tirupati Rural mandal, Chittoor District, having purchased the same through a registered document bearing No.7069 of 2004 dated 23.9.2004 from Smt G Aruna and Mr N Raja Sekhara Reddy. Originally, a joint patta over an extent of Ac.4.34 cents in Survey No.471/1, Avilala village was granted to Mr V Govinda Swamy and two others. Subsequent to death of said Mr V Govinda Swamy, the patta was transferred in favour of his son Mr V Krishna Murthy Nainar, who happens to be an Ex- serviceman, vide proceedings ROC No. B/807/91 dated 10.7.1982. After completion of statutory period of ten years, he has sold an extent of Ac.1.19 cents to Smt C Sudhamani and another vide registered sale deed dated 4.6.2001, from whom the vendors of petitioners have purchased the subject land vide registered sale deed dated 25.3.2003. While so, the third respondent issued proceedings dt 27.7.2005 canceling the assignment granted in favour of Mr V Govinda Swamy. Challenging the said cancellation order, the petitioner herein has preferred a statutory appeal together with an interlocutory application for grant of interim orders before the second respondent and the same is pending. Hence, the present writ petition questioning the action of the second respondent in not disposing of the appeal. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage with a direction for expeditious disposal of the appeal filed by the petitioner. Having regard to the facts and circumstances of the case and in view of the agreed stand taken by both the counsel, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition directing the second respondent to dispose of the appeal filed by the petitioner expeditiously. Till such time, respondents are directed not to interfere with the possession of the petitioner. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 4.3.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4350 of 2008 Date: 4.3.2008