THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 17281 OF 2010 Dated: 20-07-2010 Between: Bathina Chiranjeevi ... PETITIONER AND Tahsildar, Guduru Mandal, Guduru, Krishna District and two others ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 17281 OF 2010 ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing on behalf of the respondents. In this writ petition, the petitioner seeks directions by way of mandamus to declare the action of the respondents in taking steps to dispossess him from an extent of Ac.0.70 cents in Survey No.393/1 of Guduru Village of Krishna District during the pendency of appeal preferred by him against the notice issued by the 1st respondent under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) as arbitrary and illegal. It is the case of the petitioner that his father had purchased an extent of about Acs.5.74 cents of land covered by Survey No.393/1 of Guduru Village by a registered sale deed dated 12-06-1969 and that in the family partition, an extent of Ac.1.20 cents had fallen to his share and that he is in possession of the same. Alleging that he is an encroacher of the land in question, proceedings were initiated under the provisions of the Act and orders were issued under Section 6 of the Act. It is stated that questioning the same, the petitioner has filed an appeal before the Revenue Divisional Officer, Machilipatnam – respondent No.2 on 08-04-2010 and the same is pending consideration. Under Section 10 of the Act, appeal is provided to an affected person against the order of the Tahsildar. The contention of the petitioner that he is not an encroacher and that the land in question is purchased by his father is required to be examined by the appellate authority. In view of the same, I deem it appropriate to dispose of the writ petition with a direction to the appellate authority – respondent No.2 to dispose of the appeal filed by the petitioner on 08-04-2010 as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. Till such time, the petitioner shall not be dispossessed from the land in question. The writ petition is accordingly disposed of. No order as to costs. R. SUBHASH REDDY, J 20-07-2010 ks