HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.491 of 2009 Date: June 13, 2011 Between: B.Krishnamachari, S/o.Subbarayappachari, aged about 58 years, R/o.Molakalacheruvu Post and Mandal, Chittoor District … Petitioner And The State of Andhra Pradesh, represented by its District Collector, Chittoor, Chittoor District and others … Respondents Order: This writ petition is filed questioning order dated 28- 12-2008 passed in proceedings Roc.No.B1/4938/2008, by the second respondent-Revenue Divisional Officer- cum-Sub-Collector, Madanapalle, Chittoor District. The petitioner claims that he is the owner and possessor of land admeasuring Ac.0.95 cents out of Ac.2.71 cents covered by Sy.No.471/1 of Mulakalacheruvu village and Mandal, Chittoor District. It is his case that although the said land was originally assigned to the father of respondents 4 to 6 herein, as there was no prohibition on alienation it was sold to third parties by the original assignee and it is from them that he claims purchase. It is stated that when the order of eviction is passed by the authority under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, petitioner filed an appeal before the Revenue Divisional Officer, Madanapalle and sought interim orders. It is his grievance that in the aforesaid appeal, the appellate authority curiously passed an order granting protection of possession in favour of respondents 4 to 6. At the stage of admission, by order dated 21-01- 2009, this court suspended the impugned order. When the matter is taken up for consideration, it is submitted by learned Assistant Government Pleader appearing on behalf of respondents 1 to 3 that the appeal filed by the petitioner is still pending consideration before the Revenue Divisional Officer, Madanapalle. Whether transfer of the subject land claimed by the petitioner is in violation of the provisions of the Act is a matter to be considered by the appellate authority. In view of pendency of the appeal, it is not desirable to record any findings on the aforesaid plea of the petitioner. As much as it is stated that the appeal of the petitioner is pending consideration before the appellate authority and as this court has passed an order on 21-01-2009 suspending the impugned order, I deem it appropriate to dispose of the writ petition directing the appellate authority, i.e. the second respondent herein, to dispose of the said appeal, after giving opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, preferably within three months from today. Till such time, the impugned order, dated 28-12-2008 passed in proceedings Roc.No.B1/4938/2008, shall remain suspended. Writ petition is accordingly disposed of. No order as to costs. ___________________ (R.SUBHASH REDDY, J) June 13, 2011 MRR