IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7027 of 2008 Between: Syed Rahmathulla S/o.Syed Nawaz Miah Kailingayapalli village Atlur Mandal, Kadapa District ..... PETITIONER AND 1 The Tahsildar, Atloor Mandal, Kadapa District 2 The Revenue Divisional officer, Rajampet Kadapa 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 an order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in issuing the impugned resumption orders of the land assigned to the petitioner vide Ref.No.B/203/2007 dated 29.12.2007 illegally without giving opportunity and further action of the 2nd respondent in not passing any orders on the appeal filed by the petitioner is illegal, arbitrary, unwarranted in gross violation of principles of natural justice and in violation of Art.14,19,21 and 300-A of Constitution of India and consequently set aside the impugned resumption orders of the 1st respondent and pass Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7027 of 2008 ORAL ORDER: This writ petition is filed questioning the proceedings of the first respondent dated 29.12.2007 and the action of the second respondent in not passing any orders on the appeal filed by the petitioner as illegal and arbitrary. The case of the petitioner is that he is a land less poor and vide patta No. 7/87 dated 13.10.1977 an agricultural land to an extent of Ac.4.70 in survey No. 930, Atlur village and mandal, Kadapa district was assigned to him and since then he is in possession and cultivating the same. While so, vide proceedings dated 29.12.2007, the subject land was resumed to the Government on the ground that the petitioner is not resident of Atloor village. Aggrieved by the said orders, petitioner filed an appeal under Section 5 (5) of A.P. Rights in Land and Pattadar Passbooks Act, 1971 and the same is pending. Now the grievance of the petitioner is that pending appeal, the first respondent is trying to dispossess him from the subject land illegally. Hence, the present writ petition. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage with a direction for expeditious disposal of the appeal. Having regard to the fact that an appeal is pending before the second respondent and in view of the agreed stand taken by both the counsel, I deem it appropriate to dispose of the writ petition directing the second respondent to pass appropriate orders on the appeal filed by the petitioner, expeditiously. Till such time, respondents are directed not to interfere with the possession of the petitioner over the subject land. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 1.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7027 of 2008 Date: 1.4.2008