THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.5893 of 2009 ORDER: The petitioner is the grand son and the 3rd respondent is the daughter of the 4th respondent. An extent of Ac.4.54 cents of land in Survey No.354 of Kunuthuru Village, Dharmavaram Mandal, Anantapur District was owned by the 4th respondent. On the basis of an agreement of sale, said to have been executed in favour of the petitioner in the year 2003, the Tahsildar, Dharmavaram, 2nd respondent herein issued pattadar pass books and title deeds in his favour. Thereafter, the 3rd respondent approached the 2nd respondent by filing an application for issuance of pattadar pass books and making entries in her name in respect of the same property, on the strength of a gift deed said to have been executed in her favour by the 4th respondent. Acting on the same, the 2nd respondent issued notice to the petitioner on 26.09.2008. The petitioner filed an appeal before the 1st respondent, feeling aggrieved by the notice. Initially an order of stay was granted on 29.11.2006. Thereafter, stay was vacated on 16.02.2009. While vacating the stay, the 1st respondent directed that no parties shall enter the land until further orders. The petitioner challenges the said order. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue and Sri Ashwardha Narayana, learned counsel for respondents 3 and 4. The very appeal preferred by the petitioner against the notice issued by the 2nd respondent, was untenable. It is only when an order is passed by the Tahsildar, under the provisions of the A.P. Record of Rights in Land and Pattadar Pass Books Act, that an appeal can be preferred under Section 5(5) of that Act before the Revenue Divisional Officer. That eventuality did not arise. Therefore, no exception can be taken to the order passed by the 1st respondent vacating the stay granted in favour of the petitioner, when the very appeal was untenable. While vacating the stay, the 1st respondent directed that none of the parties shall enter the land. Such a direction is totally outside the scope of the powers of the 1st respondent. Even where a regular appeal is entertained by him, an order of that nature cannot be passed. Therefore, the writ petition is disposed of directing that- (a) the appeal preferred by the petitioner before the 1st respondent shall stand dismissed in its entirety; (b) the 2nd respondent shall take necessary action in pursuance of the notice dated 26.09.2008 issued by him, uninfluenced by any observations made by the 1st respondent at any stage; and (c) it shall be open to the parties to institute necessary proceedings in a civil Court as regards possession over the land. There shall be no order as to costs. _________ 22.04.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.5893 of 2009 Date: 22.04.2009 JSU