HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13394 of 2008 Date : 18.07.2011 Between : Nemalidinna Venkat Ramana Reddy & others. …..Petitioners And The State, rep. by District Collector, Prakasam District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13394 of 2008 ORDER: In this writ petition, the petitioners have questioned the order dated 24th January 2008, passed by the 3rd respondent-Tahsildar in Proceedings No.R.C.A/294/2007. The petitioners claim that they are owners and possessors of land covered by Sy.No.77/A1 of Kandulapuram village of Cumbum Mandal in Prakasam District. In the affidavit filed in support of the writ petition, it is stated that the 1st petitioner’s father has purchased the land admeasuring Ac.3.00 cents in the aforesaid survey number vide registered sale deed, dated 03.01.1980, and the 2nd petitioner has purchased an extent of Ac.1.00 cents by registered sale deed, dated 07.07.1993, and the 3rd petitioner has purchased an extent of Ac.1.00 cents by registered sale deed, dated 02.05.1998. On the ground that the aforesaid land was originally assigned to one Sagili Bala Rangaiah, as he was a landless poor person and the said land is sold to the petitioners in violation of conditions for grant of patta, and also contrary to the provisions under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, the 3rd respondent-Tahsildar, Cumbum has passed the impugned order for resumption of land to the Government. It is submitted that as against the orders of the 3rd respondent, appeals were preferred before the 2nd respondent, but alleging that the 2nd respondent has not passed any orders on the appeals filed by the petitioners against the order dated 24th January 2008, passed in Proceedings R.C.A/294/2007, and on the other hand, the 3rd respondent-Tahsildar is taking steps for their eviction, the petitioners have approached this Court by filing this writ petition in the year 2008. At the stage of admission, this Court, by order dated 25th of June 2008, directed the parties to maintain status quo with regard to possession, and the said order is continued all along. In the counter affidavit filed by the 3rd respondent- Tahsildar of Cumbum Mandal, while denying the various allegations made by the petitioners, it is stated that the appeals filed by the petitioners are still pending consideration and no final orders have been passed. Under the scheme of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, there is a remedy of appeal against the orders of the primary authority, to the Revenue Divisional Officer. In this case, it is not in dispute that such appeals are already filed by the petitioners, and are pending before the 2nd respondent-Revenue Divisional Officer. Although it is contended by the learned counsel for petitioners that there is no violation of conditions for grant of patta, and further, the impugned orders are passed even without issuing the statutory notices, but, in view of pendency of appeals before the appellate authority, it is not desirable for this Court to record any findings on such allegations made by the petitioners. As it is stated that the petitioners have purchased the land in question by way of registered sale deeds, and this Court granted orders of status quo on 25th of June 2008 and the said order continued all along, I deem it appropriate to dispose of the writ petition directing the 2nd respondent to consider the appeals filed by the petitioners and pass appropriate orders as expeditiously as possible, preferably within a period of three months from today. The order of status quo granted on 25.06.2008, as extended by order, dated 03.07.2008, passed in W.P.M.P.No.17284 of 2008, shall continue to operate till appropriate final orders are passed in the appeals filed by the petitioners. It is needless to observe that the petitioners are to be given an opportunity of being heard before passing orders by the appellate authority. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 18th July 2011 ajr