IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20651 of 2008 Between: 1 Majji Nookaraju S/o. Raja Rao R/o. Konthalam, Rolugunta (M), Visakhapatnam District. 2 Majji Nanibabu S/o. Raja Rao R/o. Konthalam, Rolugunta (M), Visakhapatnam District. ..... PETITIONER(S) AND 1 Revenue Divisional Officer cum Appellate Officer U/s A.P. Rights in Land & Pattadar Passbooks Act (26/71), Visakhapatnam. 2 Tahsildar ( Formerly MRO ) Rolugunta Mandal, Visakhapatnam District. 3 Palepu Udaya Bhaskar S/o. Ramakrishna D.No. 82-11-09/3, Plot No. 292, 7th Cross Road, Vidyutnagar Colony, Rajahmundry, E.G.District. 4 Palepu Venkateswara Prasad S/o. Udaya Bhaskara Varma D.No.7-2-1/A, A1 Mahalakshmi Apts, Nageswara Rao Ramaraopet, Kakinada, E.G.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 an order, direction or writ , more particularly one in the nature of writ of certiorari, calling for the records pertaining to the unnumbered appeal dated 1/4/2008 ﬁled before the ﬁrst respondent by the petitioners under the A.P. Rights in Land & Pattadar Passbooks Act (26/77) and direct the said respondent to take up the hearing of the appeal and pass orders expeditiously, and pass such other order or orders as this Hon'ble Court deemed ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.BALAGOPAL Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : O R D E R:- This writ petition is ﬁled seeking a direction to the 1st respondent-Revenue Divisional Oﬃcer-cum-Appellate Oﬃcer to take up the hearing of an unnumbered appeal dated 1.4.2008 ﬁled by the petitioners under Section 5-B of the A.P. Rights in Land and Pattadar Passbooks Act, (26/77) against the certiﬁcate issued by the 2nd respondent in favour of respondents 3 and 4. The main grievance of the petitioners is that in spite of the fact that they ﬁled an appeal before the 1st respondent on 1.4.2008 under Section 5-B of the A.P. Rights in Land and Pattadar Passbooks Act, (26/77) by way of sending it under Registered Post with Acknowledgement, against the certiﬁcate issued by the 2nd respondent-Tahsildar, in favour of unoﬃcial respondents 3 and 4 in relation to the petitioners’ land in an extent of Ac.2.08 cents in S.No.290/2, situated in Konthalam village indicating the validity of the assignment in favour of respondents 3 and 4 depriving the petitioners’ rights, and that the appeal was received by the 1st respondent on 25.4.2008 as is evident from the acknowledgement, the 1st respondent has not taken up the appeal for hearing so far. Having heard the learned counsel for the petitioners and the learned Government Pleader for Revenue, I deem it appropriate to direct the appellate authority i.e. the 1st respondent-Revenue Divisional Oﬃcer to consider the appeal ﬁled by the petitioners and dispose of it in accordance with law after aﬀording an opportunity to both the parties to put forth their evidentiary version, within a period of three months from the date of receipt of a copy of this order. In terms of the above direction, this writ petition is disposed of. Till the disposal of the appeal ﬁled by the petitioners, both the parties are directed to maintain Statuo quo. No costs. ______________ N.V.RAMANA, J 25th September, 2008 bcj