HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20257 of 2010 Dated: 16-08-2010 Between: Byrisetti Satyanarayana & others. … Petitioners And Government of A.P., rep. by the District Collector, East Godavari District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20257 of 2010 ORDER: Heard learned counsel for petitioner and also the learned Government Pleader appearing for respondents. The petitioners are purchasers of small bits of land, totally admeasuring Ac.4.91 cents, covered by Survey Nos.136/2, 147/11, 142/1, 145/7, 136/5, 141/3, 208/15 and 209/15, situated at Tatapudi village, and Survey No.620/2B of Kapileswarapuram village and Mandal of East Godavari District. Proceedings were initiated for eviction of petitioners from the aforesaid lands, on the ground that they have purchased the said lands from the original assignees, in contravention of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. After issuing notices and inviting explanation from the petitioners, the primary authority-Tahsildar, Kapileswarapuram Mandal, has passed orders for eviction of the petitioners and resumption of land to the custody of the Government, so as to assign the same to the landless poor persons. It is the case of the petitioners that though there is a time limit for preferring appeals to the Revenue Divisional Officer/ Sub-Collector under the provisions of the Act itself, but without granting any time for filing such appeals, respondents are taking steps for eviction of petitioners. A perusal of the order, dated 05.08.2010, passed by the 3rd respondent-Tahsildar in Ref.B/299/2008, shows that the said order is passed, based on the report received from the Village Revenue Officer. In the order itself, it is stated that the petitioners, who have purchased the land, have no other landed property, and that they are the bona fide purchasers. Under the scheme of the Act, against the orders of Tahsildar, an appeal is provided to the Revenue Divisional Officer. In that view of the matter, petitioners as well can raise all these grounds before the appellate authority. Counsel for petitioners also placed reliance on a judgment of this Court in the case of C.Sreeramulu Vs. Joint Collector, Chittoor[1], wherein, a learned Single Judge of this Court held that as much as the purchases made by the petitioners therein are bona fide purchases, they are entitled for protection under Section 3(5) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. As it is stated that the petitioners are land less poor persons, and, as bonafide purchasers, developed the land, I deem it appropriate to dispose of the writ petition, permitting the petitioners to prefer appeals before the RDO/Sub-Collector, Rajahmundry within a period of four weeks from today. If such appeals are filed, the appellate authority shall examine and dispose of the same. Respondents are further directed not to dispossess the petitioners from the land covered by the order, dated 05.08.2010, passed by the 3rd respondent-Tahsildar, till the appeals are disposed of by the appellate authority. It is also made clear that if the appeals are not filed by the petitioners within the time prescribed above, it is open for the respondents to take further steps in accordance with the order, dated 05.08.2010, passed by the Tahsildar. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 16th August 2010 ajr [1] 2007 (2) ALT 597