IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26677 of 2008 Between: Yerraboina Muthaiah S/o. Venkaiah R/o. Sekharam Banzar, Palwancha Mandal, Khammam District. ..... PETITIONER AND 1 The Revenue Divisional Officer Palwancha Khammam District. 2 The Tahsildar The Mandal Revenue Office Palwancha, Khammam District. 3 The Municipality Rep. by its Commissioner Palwancha, Khammam District. .....RESPONDENTS 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 to issue a Writ, Order or direction more in the nature of mandamus declaring the action the action of the Respondents in conferring rights in favour of the third parties while the statutory appeal filed by the Writ Petitioner dated 29-9-2007 in CMA.NO.25/2007 is pending before the first respondent as against the orders of the primary authority dated 29-7-2003 for eviction of the lands of the Petitioner situated in Sy.No.444 to an extent of Acres 4-00 situated at Palwancha Village & Mandal of Khammam District as arbitrary, illegal and violative of Article 14, 21 and 300(A) of the Constitution of India and consequentially declare that the Respondents cannot confer/create any third party rights over the land which is the subject matter of the statutory appeal. Counsel for the Petitioner:MR.P.V.RAMANA Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26677 of 2008 ORDER: Petitioner is statedly in occupation of land admeasuring Acs.5 in survey No.444 situated at Palwancha Village, Khammam District, which was assigned to him by proceedings dated 16.02.1974. In 2006, he filed W.P.No.6446 of 2006 alleging that Tahsildar, Palwancha, tried to dispossess him on 27.03.2006. Said writ petition was dismissed on 11.07.2006 noticing that Tahsildar, Palwancha, passed orders of eviction. After obtaining a copy of the same, petitioner filed an appeal before first respondent on 25.08.2006 which is still pending. Alleging that during the pendency of appeal, first respondent and his subordinates are taking steps to distribute the land, petitioner filed contempt case. Thereafter appeal was heard and orders were reserved on 23.08.2008. But the appeal was not being decided finally. Therefore, instant writ petition seeking a direction to respondents not to confer or create third party rights over the land in survey No.444 pending appeal before first respondent. On 08.12.2008, learned Assistant Government Pleader, while not denying the allegation that first respondent reserved orders on 23.08.2008, brought to the notice of this Court that orders will be passed by first respondent. Today when the matter is called he has placed before this Court orders dated 10.12.2008 passed by the Sub-Collector, Palwancha, dismissing appeal filed by petitioner. Xerox copy of the order is placed before this Court, which is made part of the record. Further, now that first respondent passed orders, liberty is given to petitioner to prefer revision before Joint Collector under Section 4-B of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, if so advised. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 12th December, 2008 GHN To 1 The Revenue Divisional Officer Palwancha Khammam District. 2 The Tahsildar The Mandal Revenue Office Palwancha, Khammam District. 3 The Municipality Rep. by its Commissioner Palwancha, Khammam District. 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{KBJ}