IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1182 of 2005 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/06/2005 in WP No: 12732 OF 2005 on the file of the High Court.) Between: 1 G. Raja Reddy, S/o. G. Rami Reddy R/o. Gurramvari Kandriga village, Thirumalaiah Palli Post, Vedurukuppam Mandal, Chittoor District. 2 Prameelamma, D/o. Subrahmanyam Reddy, R/o. Gurramvari Kandriga village Thirumalaiah Palli Post, Vedurukuppam Mandal, Chittoor District. 3 G. Ramachandra Reddy, S/o. G. Rami Reddy, R/o. Gurramvari Kandriga village Thirumalaiah Palli Post, Vedurukuppam Mandal, Chittoor District. 4 T. Sarojamma, W/o. Gopal Reddy, R/o. Vavilchenu Village, Vedurukuppam Mandal, Chittoor District. 5 G. Subramanya Reddy, S/o. G. Rami Reddy, R/o. Gurramvari Kandriga Village Tirumalaiah Palli Post, Vedurukuppam Mandal, Chittoor District. 6 G. Ramakrishna Reddy, S/o. G. Rami Reddy, R/o. Gurramvari Kandriga Village, Tirumalaiah Palli Post, Vedurukuppam Mandal, Chittoor District. 7 B. Jayarami Reddy, S/o. B. Chinnanna Reddy, R/o. Allamadugu Village & Post, Vedurukuppam Mandal, Chittoor District. ..... Appellants AND 1The Chief Commissioner of Land Administration, Nampally Station Road, Hyderabad. 2 The Joint Collector Chittoor District Chittoor. 3. The Mandal Revenue Officer, Vedurukuppam Mandal, Chittoor District. .....RESPONDENTS Counsel for the Appellants :MR.T.JAGDISH Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following: JUDGMENT: (per the Hon’ble Sri Bilal Nazki, ACJ) This appeal has been filed against the order of the learned single judge. It is submitted by the appellants-writ petitioners that they were the assignees and the respondents have issued a notice to conduct public auction of the usufruct of the land in dispute. It appears that a resumption order has been passed thereafter. Appellants filed an appeal before the Appellate Authority. Appellate Authority dismissed the stay application filed along with the appeal. Appellants have not challenged the order of resumption nor the order of dismissal of application of stay by the Appellate Authority. They have only challenged the notice regarding conducting of public auction of the usufruct of the land. In these circumstances, we feel that the learned single judge was right in passing an order even protecting the rights of the appellants-writ petitioners. The learned single judge has directed that auction can go on and the amount received by the auction be deposited with the Appellate Authority and the amount shall be disbursed only after the appeal is decided by the Appellate Authority. However, the learned counsel appearing for the appellants submits that the learned single judge has recorded a finding that the appellants had been dispossessed and the land had been resumed by the State in the year 2003, which was not a fact. In our view, the learned single judge has not recorded any such finding, but has only referred to what had been argued by the learned Government Pleader. In any case, any observation made in the learned single judge’s order or in our order shall not be taken as an expression of opinion with regard to the merits of the case and with regard to the controversies involved, which will have to be decided by the Appellate Authority. The writ appeal is accordingly dismissed. No costs. _________________ BILAL NAZKI, ACJ DATE: 20th June, 2005 __________________ G. CHANDRAIAH,J Pnb To 1The Chief Commissioner of Land Administration, Nampally Station Road, Hyderabad. 2 The Joint Collector, Chittoor District, Chittoor. 3. The Mandal Revenue Officer,Vedurukuppam Mandal, Chittoor District. 4. Two Ccs., to the G.P. for Revenue, High Court Buildings, Hyderabad. (OUT) 5 Two C.D. copies