THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.22400 of 2011 ORDER: The proceedings of the fourth respondent dated 05.08.2011, calling upon the petitioner to shift the furniture or immovable property from the buildings, if any, on the encroached government lands, and vacate the lands within three days from the date of receipt of the order, so as to take possession of the government lands in Sy.No.509 of Bollikunta Village, Hanamkonda Mandal, Warangal District, is under challenge in this Writ Petition. By his proceedings dated 04.08.2011, the fourth respondent held that the petitioner had illegally occupied/purchased the assigned lands; they had contravened the provisions of Section 3(2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, (for short 'A.P. Act 9 of 1977'); the assignees had also contravened the provisions of Section 3(2) of A.P. Act 9 of 1977; as the condition of D-form patta certificate had been violated, it would render the lands liable for resumption; in exercise of his powers, under Section 4(1) of A.P. Act 9 of 1977, he had directed resumption of the said lands; and had directed the Additional Revenue Inspector, Hanamkonda, to take action to evict and take possession of the lands under the cover of panchanama. Sri J.Prabhakar, Learned Counsel for the petitioner, would submit that the proceedings of the fourth respondent dated 04.08.2011 is not under challenge in this Writ Petition since the petitioner intends to question the same before the appellate authority invoking his jurisdiction under Section 4-A(1) of A.P. Act 9 of 1977. Learned Counsel would submit that, since the limitation prescribed for preferring an appeal under Section 4-A(1) of A.P. Act 9 of 1977 is 90 days, the proceedings of the fourth respondent dated 05.08.2011, calling upon the petitioner to remove their furniture and immovable property from the buildings in question within three days, would render their statutory remedy of appeal illusory and ineffective. A statutory right is conferred, by Section 4-A(1) of A.P. Act 9 of 1977, on the petitioner to prefer an appeal to the third respondent against the order of the fourth respondent within 90 days from the date of the order. The impugned order, calling upon the petitioner to comply with the order of the fourth respondent within three days, would render their statutory right of appeal illusory and ineffective. Sri J.Prabhakar, Learned Counsel for the petitioner, would fairly state that, while the limitation prescribed under Section 4- A(1) of A.P. Act 9 of 1977 for preferring the appeal is 90 days, the petitioner would prefer an appeal, along with an application seeking stay, within two weeks from today. In case the petitioner files such an appeal, along with the stay application, within the aforementioned period of two weeks, the fourth respondent shall not take any coercive steps to evict the petitioner from the lands in question for a period of two weeks from the date of receipt of their application for stay, or till the stay application is disposed of by the third respondent, whichever is earlier. With these observations, the Writ Petition stands disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:10.08.2011 Note:Furnish copy by 16.08.2011 bo usd