THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITON No.10287 of 2010 Date:31.08.2010 Between: Smt.V.Vijaya Lakshmi and others. ……..Petitioners. And The Revenue Divisional Officer, East Division, R.R. District, Goshamahal at Malakunta Road, Hyderabad and others. ……Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITON No.10287 of 2010 ORDER: This writ petition has been filed by the petitioners who are four in number seeking mandamus declaring the action of the respondents in evicting them from the lands in their occupation without following due procedure as arbitrary and illegal. The petitioners claim to be the purchasers from the original assignees. According to them, they are also entitled for assignment and they are landless poor belonging to Scheduled Caste Community. Proceedings have been initiated against them for contravention of the provisions of A.P Assigned Land (POT) Act, 1977. The primary authority ordered for cancellation of assignment of the lands. Assailing the order passed by the primary authority, the petitioners filed an appeal before the Revenue Divisional Officer, East Division, Ranga Reddy District, Hyderabad. Their appeal is stated to be pending disposal. Apprehending dispossession pending the appeal, they approached this Court invoking jurisdiction under Article 226 of the Constitution of India. For better understanding of the grievance of the petitioner, I deem it appropriate to refer the relevant portion in paragraph No.3 of the affidavit filed in support of the petition, which reads as hereunder:- “After receiving the order from the 2nd respondent questioning the impugned proceedings for resumption of assigned land in proceedings No.A/35/3513/2005 dated 25-4-2005 on 19-10-2005 along with the stay petition. Till today the appeal is pending before the 1st respondent and not taken any hearing on the appeal and not passed any orders or not served any notice for the date of hearing or order whatever to the petitioners since the date of filing of appeal dated 19- 10-2005. Now, the respondent No.2 and 3 are harassing the petitioners to vacate the Land, the 2nd and 3rd respondents are threatening the petitioner to vacate the land and they are going to resume the property to handed over the same to the Rajiv Swagruha Housing authorities, R.R. District under the control of the District Collector to construct the houses after completion of the harvesting of the 2nd crop paddy without any notice to the petitioner and the action of the respondents are illegal, improper and against the Principles of Natural Justice. So the petitioner rushed this Hon'ble High Court on the threatening of the respondent No.2 and 3 for not to evict the petitioners from their agricultural lands.” When the writ petition came up for admission, learned Assistant Government Pleader takes notice on behalf of the respondents. Indisputably, the petitioners filed the appeal assailing the order of cancellation of assignment and the said appeal pending consideration with the 1st respondent. In that view of the matter, I deem it appropriate to dispose of the writ petition directing the 1st respondent to consider the appeal filed by the petitioners and pass appropriate orders within four weeks from the date of receipt of a copy of this order. No order as to costs. _________________________________ JUSTICE B. SESHASAYANA REDDY Date:31.8.2010 mrb