THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1342 of 2010 ORDER: The mother of the petitioner was granted lavoni patta in respect of an extent of Ac.1.16 guntas of land in Survey No.441/7/2 of Gandhi Nagar Revenue Village, Suryapet Mandal, Nalgonda District. It is stated that she died and the petitioner is the only successor. The Tahsildar, Suryapet Mandal, 3rd respondent herein issued a show cause notice dated 24.09.2009 directing the petitioner to explain as to why the assignment shall not be cancelled on the ground that the land was converted into house sits and bits were sold. The petitioner submitted her explanation on 01.10.2009. The 3rd respondent passed an order dated 31.10.2009 directing cancellation of lavoni pattaa grnated in favour of mother of the petitioner. Aggrieved thereby, the petitioner filed an appeal before the Revenue Divisional Officer, Suryapet, 2nd respondent herein together with an application for stay. The grievance of the petitioner is that the 2nd respondent has not passed any orders in the application for stay and in the meanwhile, the 3rd respondent is trying to evict her. Heard the learned counsel for the petitioner. Learned Government Pleader for Revenue obtained instructions at the stage of admission and submits that the possession of the land was taken on 23.11.2009. The 3rd respondent initiated proceedings under the Act against the petitioner. 90 days’ time is prescribed as limitation for preferring the appeal. The petitioners preferred the appeal within the period of limitation. The plea of the 3rd respondent that the possession was taken on 23.11.2009 cannot be accepted, inasmuch as he cannot defeat the right of appeal conferred upon the petitioner. Further, if the petitioner is dispossessed and the land is distributed to others, even while the appeal is pending, nothing would remain to be decided therein. Therefore, the writ petition is disposed of, directing that the petitioner shall be entitled to remain in possession of the land in question till the disposal of the appeal by the 2nd respondent. It is however directed that the petitioner shall not alter the nature of the land or alienate any part of it. There shall be no order as to costs. __________ 04.02.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1342 of 2010 Date: 04.02.2010 JSU