IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5463 of 2008 Between: Syed Srafunnisa W/o S.A. Subhan 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 issue an order or direction more particularly one inthe nature of Writ of Mandamus declaringthe action of the 1st respondent in issuing the impugned resumption orders of th land assigned to the petitioner vide Ref. No. B/164/2007 dt 13-08-2007 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 Principle of natural justice and in violation of Art. 14, 19, 21 and 300-A of Constitution of india and consequently set a side the impugned resumption orders of the 1st respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. 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 : 5463 of 2008 ORAL ORDER: This writ petition is filed questioning the resumption order dated 13.8.2007 and the action of the second respondent in not passing any orders on the appeal filed by the petitioner, as illegal and arbitrary. The petitioner claims that he was granted D-form patta No.90/91 dated 10.5.1982 for agricultural land to an extent of Ac.0.42 cents in Survey No. 10-13/1, Atlur village and mandal, Kadapa district and is in possession, enjoyment and cultivating the same. Questioning the action of the third parties in interfering with his possession, he filed a suit in O.S No. 39 of 2007 on the file of the Junior Civil Judge, Sidhout and obtained order of interim injunction dated 14.9.2007 and the said suit is pending. While so, the first respondent issued orders dated 13.8.2007 resuming the land assigned to the petitioner on the ground that he did not bring the land under cultivation. Against the said order, the petitioner preferred an appeal under section 5 (5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 along with stay petition before the second respondent /Revenue Divisional Officer on 27.2.2008 and the same is pending. It is alleged that pending appeal, the respondents are trying to evict the petitioner from the subject land. Hence, the 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. Since the appeal under Section 5 (5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 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 dispose of the appeal filed by the petitioner expeditiously. Till the disposal of the appeal, the petitioner shall not be evicted from the subject land. Subject to above, the writ petition is disposed of. No costs. _____________ N.V.RAMANA,J DATE: 14.3.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5463 of 2008 Date: 14.3.2008