IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 13521 of 2009 Between: Penmatsa Krishnam Raju S/o. Late Venkata Raju R/o. 53-33-38, KRM Colony, Seethammadara, Visakhaaptnam ..... PETITIONER AND 1 The State of A.P., Rep. by its Principal Secretary, Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam 3 The Revenue Divisional Officer, Visakhapatnam 4 The Tahsildar Anandapuram Mandal, Visakhapatnam 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 to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the second respondent in not disposing of the appeal filed by the petitioner on 31.12.2007 under section 4(A) (2) of the A.P.Lands ( Prohibition of Transfers) Act, 1977, as being illegal, arbitrary, unreasonable, irregular and detrimental to the rights of the petitioner over the land in Survey No. 792/9, situated at Yellanki Vilalge, Anandapuram Mandal, Visakhaptanam District and issue a cfonsequential direction directing the second respondent to forthwith consider and dispose of the appeal and pass Counsel for the Petitioner:MR.A.JAGAN Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{KSRANI} HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITON No.13521 of 2009 ORDER: This writ petition is filed seeking a Mandamus declaring action of the 2nd respondent in not considering the appeal filed by the petitioner under Section 4 (A) (2) of the A.P. Lands (Prohibition of Transfers) Act, 1977, as arbitrary and illegal. 2. It appears that petitioner had purchased an extent of Ac.3.30 cents of land situated in Sy.No.292/9 of Yellaki village, Anandapuram Mandal, Visakhapatnam District, from an ex- serviceman, who is said to be an assignee of the land as ex- serviceman. According to the petitioner, the ex-serviceman was granted assignment patta on 28-06-1979 and the petitioner purchased Ac.3.30 cents out of the total area of Ac.4.75 cents, allotted to the ex- serviceman, by way of registered sale deed, dated 22-03-2005 and he is still in possession of the property. While that being so, the 4th respondent-Tahsildar, Anandapuram Mandal, cancelled the assignment patta and sought resumption of the land in favour of the Government. Aggrieved thereby, he has filed an appeal, which was dismissed, and further appeal filed under Section IV-A (2) of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, before the District Collector, Visakhapatnam, is pending. Along with the appeal, petitioner also filed a stay petition and that was not disposed of till date. 3. Under those circumstances, without expressing any opinion on merits, the writ petition itself is disposed of directing the 2nd respondent-District Collector, Visakhapatnam, to dispose of the appeal said to have been filed by the petitioner, within a period of three months, from the date of receipt of a copy of this order. Till such time, the status quo shall be maintained by the respondents as to the possession of the petitioner. No costs. _________________ 8th July 2009 KVR