HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.9420 of 2003 Dated: 10-03-2011 Between: Y.Narasaiah …Petitioner AND The Revenue Divisional Officer, Gudur, Nellore District and another Respondents This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.9420 of 2003 ORDER: Petitioner claims to be in possession of land to an extent of 20 Ankanams in Sy.No.367-1 of Arundhatiya Colony, Nagula Vellaturu Village of Chejeral Mandal, Nellore District for more than 15 years. He claims to have constructed a house thereon and the same was assessed by the Gram Panchayat for the purpose of levying tax. Earlier when the second respondent tried to demolish the structures, petitioner filed W.P.No.1348 of 2003 and the same was disposed of on 23.1.2003 directing that the petitioner cannot be evicted from the said land without following due process of law. Later he made an application to the second respondent on 4.3.2003 to issue a patta for the land of 20 Ankanams which is in his possession and enjoyment for the past fifteen years. It is alleged, instead of granting patta in favour of the petitioner, the second respondent granted patta in respect of the said land in favour of ineligible persons. Questioning the same, petitioner stated to have filed an appeal before the first respondent along with an application to stay the dispossession of the petitioner from the land in question. The first respondent has so far not disposed of the stay petition and when the second respondent is trying to evict the petitioner from the land in question, the present writ petition is filed. This Court by order dated 13.5.2003 directed the respondents not to dispossess the petitioner from the land in question except otherwise in accordance with law. Though the matter is pending for the last 7 ½ years, no counter affidavit has been filed by the respondents so far. Learned counsel for the petitioner submits that the appeal filed by the petitioner before the first respondent is still pending. In that view of the matter, suffice if a direction is issued to the respondents not to evict the petitioner till the appeal filed by him before the first respondent on 6.5.2003 is disposed of. If the said appeal has not been received by the first respondent or if the same has already been disposed of, the respondents have to follow the due procedure by issuing a notice to the petitioner for his eviction from the land in question, if his occupation is unauthorized. The writ petition is disposed of with the above directions. No order as to costs. ________________ A. GOPAL REDDY, J. MARCH 10, 2011 Tsr.