HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8034 of 2008 Date : 11.07.2011 Between : Balu Ramanamma. …..Petitioner And The Chief Commissioner of Land Administration, Government of A.P. & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8034 of 2008 ORDER: As it is stated in the affidavit filed in support of this writ petition that the appeal filed by the petitioner is pending consideration before the 1st respondent, which is not controverted in the counter affidavit, I deem it appropriate to dispose of the writ petition, having heard learned counsel for petitioner as well as the learned Government Pleader appearing for respondents. The petitioner is owner of agricultural lands in survey numbers 69/2, 69/4 and 69/7 of Nellipudi village of Vakadu Mandal in Nellore District. It appears, a piece of land admeasuring about Ac.0.29 cents in Sy.No.69/5 and Ac.0.14 cents in Sy.No.69/11 is available in between the lands of the petitioner. The petitioner made a representation for assignment of said land on market value. The claim of the petitioner is rejected by the 2nd respondent-Joint Collector, by order dated 02.05.2007, issued in Proceedings Rc.E8/3370/03. As against the same, the petitioner carried the matter by way of appeal under paragraph 15 of B.S.O. 15. It is stated that the appeal was filed on 17.08.2007 and the same is under consideration. In this writ petition, it is the grievance of the petitioner that though he is in possession of the aforesaid piece of land for the last more than 50 years, and further, when his claim for assignment of land is pending consideration, respondents are taking steps for his eviction. Counter affidavit is filed by the Tahsildar of Vakadu Mandal. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the disputed land was already assigned to one Surisetty Padmanabha Setty in the year 1968, and the petitioner has purchased the land contrary to the provisions under A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. A reference is also made in the counter affidavit with regard to the proceedings initiated under the provisions of the A.P. Land Encroachments Act, 1905, but there is no reference to the appeal, which is stated to have been filed by the petitioner on 17th of August 2007. Whether the petitioner is entitled for assignment of land on market value, is a matter, which is seized up before the appellate authority. In view of pendency of appeal, without going into merits of the claim of petitioner, I deem it appropriate to dispose of the writ petition with a direction to the 1st respondent-appellate authority to dispose of the appeal pending if any, as expeditiously as possible, preferably within a period of two months from today. The respondents shall maintain status quo as on today with regard to possession over the land in question, for a period of two months, and if any orders are passed either under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 or under the A.P. Land Encroachments Act, 1905, it is open to the respondents to take steps for enforcement of such orders, on expiry of two months from today. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 11th July 2011 ajr