THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.14402 of 2009 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the second respondent in not granting stay of all further proceedings pursuant to the order of the third respondent dated 28.5.2009 in proceedings Rc.No.93/09/SA pending disposal of appeal filed by the petitioner society as arbitrary, illegal and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the second respondent to dispose of the appeal filed by the petitioner society expeditiously. Petitioner is a Cooperative House Building Society registered on 18.9.1982 vide Regn.No.B-1866. According to the petitioner, it has more than 2000 members who are Workers, Government Employees, Teachers and other lower and middle class people with the sole aim of providing shelter to their families. Most of them are senior citizens, who purchased house plots through the Society through their hard earned savings. The society purchased 124 Acres of dry land not suitable for cultivation from various persons in the villages situated in Paravada Mandal of Visakhapatnam district through various registered sale deeds for a valid consideration and developed various layouts and got them approved by the respective village panchayats as by that time, the village panchayats are competent to approve the layouts in the respective villages. After approval of the layouts, the society in turn allotted plots to its members and as per the allotment of plots, society registered plots in the name of its individual members through individual sale deeds. While that being so, the Mandal Revenue Officer, Paravada Mandal issued a show cause notice dated 29.9.1985 calling for explanation from the society on the ground that some part of the land possessed by the society is an assigned land. The society submitted its explanation on 29.10.1985, but without considering the said explanation, the Mandal Revenue Officer issued proceedings in Rc.No.488/85 dated 15.11.1985 resuming the society land to an extent of Ac.55-65 cents to the Government. Aggrieved by the said resumption order, the society filed W.P.No.14006 of 1985 before this Court and this Court allowed the said writ petition setting aside the resumption order dated 15.11.1985. Thereafter, the members of the society developed their respective plots by spending huge amounts for leveling, fencing and raising sheds etc. and since then they are in continuous physical possession. Subsequently, Government of Andhra Pradesh issued a notification for regularization of Panchayat approved layouts through its Layout Regularisation Scheme (LRS) and in the said notification, Government also mentioned the name of petitioner society and directed it to apply for regularization of its layouts. After knowing the same, some of the members have applied to the Government by paying huge amounts towards regularization of their house plots and they are pending with VUDA. While that being so, in the second week of January, 2009 some contractors and officials of A.P. Housing Corporation came to the society lands and started digging pits without the knowledge and information either to the society or to its members. After knowing the high-handed acts of the respondents and the A.P. Housing Board officials, the society officials rushed to the site and objected the same. Then the officials of the A.P. Housing Board replied that the third respondent allotted the site for constructing houses and with the permission of third respondent they are planning to construct houses. Petitioner approached the third respondent and submitted orders of this Court canceling the resumption order of the third respondent. Since there was no response from the third respondent, petitioner society directed its members to file individual petitions before this Court and the members in turn filed three Writ Petitions bearing W.P.Nos.3078, 3197 and 5149 of 2009. This Court, by order dated 19.2.2009 while disposing of the said writ petitions, observed that “Writ Petitions are disposed of with a direction that the respondents shall not interfere with the possession and enjoyment of the petitioners over the plots purchased by them in Survey Nos.544, 545, 546, 547 and 549 of Srinivasanagar, Edulapaka Bonangi village, Paravada mandal, Visakhapatnam district without initiating proceedings under the corresponding provisions of law”. According to the petitioner society, it has served the above orders to all the respondents. In spite of the said orders of this Court, third respondent served notices in Form-II under Rule 3 of A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 vide proceedings Rc.No.93/2009/SA dated 6.5.2009 to some of the members of the society, who received notices on and after 12.5.2009 asking them to show cause why they should not be summarily evicted from the lands. The members, who received notices replied to the notices denying the allegations and requested the third respondent to drop further proceedings. But the third respondent, without considering the replies submitted by the members sent men on 29.5.2009 and 30.5.2009 with bulldozers, who razed the ground, fencing, posts, survey stones, sheds and other materials. A complaint in this regard was also filed before the Parvada Police Station against violation of orders of this Court. According to the petitioner, resumption orders under Section 4(1)(a) and (b) of A.P. Assigned Lands (Prohibition of Transfer) Act, 1988 were sent on and after 2.6.2009 to some members by registered post which were received by them on and after 6.6.2009. But strangely, the order was backdated as proceedings Rc.No.93/09/SA/ dated 28.5.2009. In spite of the observations of this Court in W.P.No.14006 of 1985, the third respondent in his show cause notice dated 6.5.2009 did not state as to how the lands are Government lands. Even the third respondent did not mention in the notice as to the extent of land. Though the members submitted their detailed objections, the third respondent even without considering the objections, mechanically passed the resumption orders dated 28.5.2009 in proceedings Rc.No.93/09/SA. As against the said order of the third respondent, society filed appeal before the second respondent on 6.7.2009 and the same is pending. Now the grievance of the petitioner is that along with the appeal, it has also filed stay petition, but neither the stay petition is disposed of nor the appeal is taken up for hearing. Hence this writ petition. Under those circumstances, without expressing any opinion on merits, the appellate authority-second respondent is directed to dispose of the appeal purported to have been filed by the petitioner society against the resumption order dated 28.5.2009 within a period of six weeks from the date of receipt of this order. Till such time, the members of the petitioner society shall not be dispossessed from their respective plots/lands. With the above direction, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 17.7.2009 DA THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.14402 of 2009 17.7.2009