HON'BLE SRI JUSTICE R.SUBASH REDDY WRIT PETITION No.8033 of 2008 ORDER: Though the matter is listed under the caption “interlocutory”, at the request of the learned counsel for both the parties, the main writ petition itself is taken up for disposal. In the writ petition, the petitioners have questioned the order, dated 18.03.2008, passed by the first respondent- Revenue Divisional Officer, Ongole in proceedings vide Rc.C/135/2007. By the said order, the first respondent, who is the appellate authority under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, vacated the interim stay granted in favour of the petitioners. The second respondent-Tahsildar, Chirala, has passed an order, dated 11.12.2007 in proceedings vide R.C.B.104/2007 for resumption of the lands in question on the ground that the petitioners have purchased the assigned lands contrary to conditions of D-form patta. As against the said orders, the petitioners carried the matter in appeal and the appellate authority by an order, dated 31.01.2008, granted stay of operation of orders of Tahsildar. During the pendency of the said appeal, on the communication sent by the second respondent-Tahsildar, Chirala, the impugned order is passed vacating the earlier order of stay. It is contended by Sri P.Sridhar Reddy, learned counsel for the petitioners, that the impugned order is passed without issuing notice to the petitioners and without conducing any enquiry. It is to be noted that when an ex parte interim order of stay is passed in favour of the petitioners, if such order is to be vacated, the petitioners must necessarily be put on notice. Nevertheless, the interim order cannot be vacated without giving opportunity of hearing to the petitioners. As it was stated that the appeal filed by the petitioners before the first respondent was still pending consideration, this Court while admitting the writ petition, granted interim stay of the impugned order as early as on 11.04.2008. In that view of the matter, I deem it appropriate to dispose of the writ petition with a direction to the appellate authority-the first respondent to dispose of the appeal filed by the petitioners, if not already disposed of, as expeditiously as possible, preferably within a period of three months from today. There shall be a further direction that the order, dated 18.03.2008, passed by the first respondent-Revenue Divisional Officer, Ongole, vide proceedings RC.C.135/2007 shall remain suspended till the disposal of the appeal. Subject to the above directions, the writ petition is disposed of. There shall be no order as to costs. __________________________ JUSTICE R.SUBASH REDDY 30th June 2011 DR