IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 28097 of 2008 Between: 1 Alluri Satyanarayana Raju S/o. Ramabhadri Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 2 Koneti Srinu S/o. Subba Rao R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 3 Kunaparaju Appala Raju S/o. Ramachandra Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 4 Gottumukkala Vamsikrishna S/o. Mohana Varma R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 5 Alluri Ramachandra Raju S/o. Pattabhirama Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 6 Penmetsa Venkata Subba Raju S/o. Venkatraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 7 Annaboina Sudhakar S/o. Jangayya R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 8 Sagi Venkatraju S/o. Soma Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 9 Ande Nirmala Devi W/o. Subhash Chandra Bose R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 10 Datla Koteswara Rao S/o. Venkatraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 11 Gottumuklala Anuradha W/o. Mohana Varma R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 12 Kalidindi Suryakumari W/o. Srinivasa Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 13 Pasupuleti Haragopal S/o. Anjaneyulu R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 14 Guvvala Muralidhar S/o. Panduraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 15 Budda Santhosh Kumar S/o. Jawaharlal R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 16 Penmetsa Naga Ramakrishnam Raju S/o. Siva Ramaraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 17 Datla Rajyalakshmi W/o. Koteswara Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 18 Penmetsa Ravivarma S/o. Naga Ramakrishnam Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 19 Ande Narasimha Syma Prasad S/o. Subhash Chandra Bose R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 20 Ande Subhashchandra Bose S/o. Narsayya R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 21 Tammisetti Janardhana Rao S/o. Srirama Murthy R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 22 Saripalli Rama Gopalakrishnam Raju S/o. Venkatapathi Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 23 Saripalli Venkata Satya Surya Vijaya Rama Raju S/o. Venkatapathi Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 24 Kalidindi Srinivasa Raju S/o. Subba Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 25 Kalidindi Ramachandra Raju S/o. Narasimha Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 26 Saripalli Haritha S/o. Venkata Satya Surya Vijayarama Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 27 Saripalli Bhavani W/o. Ramagopala Krishnam Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 28 Saripalli Mythili D/o. Ramagopala Krishnam Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. 29 Saripalli Ramanjaneya Seetha Mahalakshmi W/o. Venkata Satya Vijaya Ramaraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District. ..... PETITIONER(S) AND 1 The Revenue Divisional Officer, Narsapur, West Godavari District. 2 Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus directing the 1st respondent to hear the appeal R.C.No.2775/08 (S.D.T.) filed by the petitioners against the order dated 12.11.2008 in Roc.No.150/2007(A) of the 2nd respondent and the stay application filed in the appeal and pass orders in accordance with law, by declaring the inaction of the 1st respondent in not passing any order on the stay application in the appeal is highly unjust and illegal. Counsel for the Petitioners : MR. C.RAMACHANDRA RAJU Counsel for the Respondents : GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.28097 OF 2008 ORDER : Against the orders passed by the 2nd respondent, dated 12.11.2008 under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 9 of 1977 resuming the lands in possession of the petitioners with immediate effect, all the petitioners preferred Appeals before the 1st respondent. The notices dated 16.12.2008 issued by the office of the 1st respondent shows that the appeals were posted on 20.12.2008 for enquiry. However, the petitioners state that the enquiry was adjourned and all the appeals are still pending. It is alleged that in the meanwhile pursuant to the orders of resumption passed by the 2nd respondent, there is every threat of dispossession of the petitioners from the lands in their occupation. Hence, the present writ petition. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue appearing for the respondents. Since the Appeals are admittedly pending before the 1st respondent against the order of the 2nd respondent, I deem it appropriate to protect the possession of the petitioner till the Appeals are heard and decided by the 1st respondent on merits. Accordingly, without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the 1st respondent to dispose of the Appeals pending on his file following due process of law as expeditiously as possible preferably within a period of four weeks from the date of receipt of this order. Till such time, the orders of the 2nd respondent shall not be given effect to. No costs. ______________ G. ROHINI, J. Dt. 24.12.2008 gbs Note:- CC today. (B/O) gbs