THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.21279 of 2009 Dated: 06.10.2009 Between: Kilaparthi Padmavathi. .. Petitioner. And The District Collector, East Godavari District at Kakinada, And others. .. Respondents. ORDER: This writ petition is filed seeking a Mandamus declaring the action of the 3rd respondent in evicting the petitioner from the land to an extent of Ac.1.10 cents in Sy.No.472, 470/2D, 470/2E, 470/2C, 470/2L and 470/2M situated in Lingumparthy village, Yeleswaram Mandal, East Godavari District, during pendency of the appeal in appeal No.2561/2007 filed before the 2nd respondent, as arbitary and illegal. According to the petitioner, she is the absolute owner and possessor of the land to an extent of Ac.1.10 cents in Sy.No.472 470/2D, 470/2E, 470/2C, 470/2L and 470/2M situated in Lingumparthy village, Yeleswaram Mandal, East Godavari District, having purchased the same under a registered sale deed dated 21.09.2006 from her vendor namely Keelu Rayudu, and since then, she has been in possession and enjoyment of the said properties. While so, the 3rd respondent initiated proceedings under the provisions of A.P.Assigned lands (POT) Act, 1977 (for short ‘the Act’) against the vendor Keelu Rayudu in respect of the subject lands and, ultimately, an order of eviction was passed on 10.07.2007 on the ground that the subject lands were transferred in contravention of the provisions of the Act. It is the case of the petitioner that she is a bona fide purchaser of the subject lands and also a landless poor as defined under the Act, and that though she is in possession and enjoyment of the subject lands, by virtue of a registered sale deed dated 21.09.2006, no notice was given to her before passing the eviction order by the 3rd respondent, but however, questioning the said eviction orders, she preferred statutory appeal before the 2nd respondent-Revenue Divisional Officer, Peddapuram, East Godavari District. The grievance of the petitioner is that though the appeal preferred by her before the 2nd respondent, who is the appellate authority, is taken up as Appeal No.2561 of 2007, so far the appellate authority has not passed any orders therein. It is also the grievance of the petitioner that the 3rd respondent, taking advantage of the pendency of the appeal preferred before the 2nd respondent, has issued a press note on 16.09.2009 stating that the assigned lands situated in Lingamparthy village belonging to the petitioner and other farmers will be taken over by him and will be restored to the original assignees or to their legal heirs, and that the 3rd respondent also, in the guise of the eviction orders passed by him, is taking steps to dispossess her from the subject lands, pending disposal of the appeal preferred before the 2nd respondent. In the facts and circumstances of the case, without expressing any opinion on merits, the 3rd respondent is directed not to evict the petitioner from the land to an extent of Ac.1.10 cents in Sy.No.472, 470/2D, 470/2E, 470/2C, 470/2L and 470/2M situated in Lingumparthy village, Yeleswaram Mandal, East Godavari District, during pendency of the appeal in Appeal No.2561/2007 preferred by the petitioner before the 2nd respondent. With the above directions, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 06.10.2009 Note: Communicate operative portion by wire at party’s costs B/o v v