HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.11958 of 2008 Date: July 29, 2011 Between: Thupalle Subramanyam, S/o. Sri Nagaiah, aged 63 years, Pensioner, R/o.H.No.4-83, Gandla Street, Chandragiri Mandal, Chittoor District … Petitioner And The Tahsildar, Yerpedu, Yerpedu Mandal, Chittoor District and another … Respondents Order: In this writ petition, order dated 14.05.2008, passed in proceedings D.Dis.A/388/2007, by the 1st respondent-Tahsildar, Yerpedu, Yerpedu Mandal, Chittoor District is questioned. Petitioner claims to be the owner and possessor of land admeasuring 0.98 cents in Sy.No.134/25 of Yerpedu village and mandal of Chittoor District. It is the case of the petitioner that the said land was purchased by his maternal uncle from its previous owner by registered sale deed dated 03.01.1955 vide document No.2/1955. It is stated that his maternal uncle executed a will in favour of the petitioner vide document No.23/1988 on 19.06.1988 in respect of the said land and the name of the petitioner was mutated in the revenue records. While so, the impugned order is passed by the 1st respondent for eviction of the petitioner stating that the said land is transferred in contravention of the provisions under A.P.Assigned Lands (Prohibition of Transfers) Act, 1977. It is the case of the petitioner that the land in Sy.No.134/25 is a patta land and a portion thereof is also sold to third parties; in spite of the same, on the premise that the same is transferred in violation of the provisions under the Act, the impugned order has been passed. As against the order dated 14.05.2008, the petitioner has filed an appeal before the 2nd respondent-Revenue Divisional Officer as provided under Section 4-A of the Act. On the ground that no interim orders are passed by the appellate authority, he approached this Court by this writ petition. At the stage of admission, this Court, by order dated 25.06.2008 in WPMP No.15401 of 2008 ordered status quo to be maintained. 1st respondent-Tahsildar, Yerpedu Mandal, has filed counter- affidavit on behalf of the respondents. While dealing with the pleas of the petitioner, in para-12 of the counter-affidavit, it is stated that the appeal filed by the petitioner is pending before the Revenue Divisional Officer and the same will be disposed of on merits. Although it is the case of the petitioner that the land in question is not an assigned land, in view of the pendency of the appeal filed by him, it is not desirable to record any finding on the merits of the matter. As much as the very Act provides an appeal against the order of the primary authority, i.e. Tahsildar, and the petitioner has availed such remedy and also taking into account the interim order of this court dated 25.06.2008, I deem it appropriate to dispose of the writ petition with a direction to the appellate authority/Revenue Divisional Officer, Tirupati Division, Tirupati, to pass appropriate orders on the appeal of the petitioner as expeditiously as possible preferably within three months from today. Till such time, the impugned order shall remain suspended. Needless to observe that the petitioner be given opportunity of hearing before appropriate orders are passed on his appeal. Writ petition is accordingly disposed of. No order as to costs. _____________________ (R.SUBHASH REDDY, J) July 29, 2011 MRR