THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :799 of 2008 DATED:25-01-2008 BETWEEN: D.Veerabhadra Rao. ..... PETITIONER AND The Government of A.P., Rep., by the District Collector, Machilipatnam, Krishna District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioner seeks a writ of mandamus declaring the action of the respondents in treating an extent of Ac.1.30 cents of land in Sy.No.335/1 of Chigurukota village, Mudenepalli mandal, Krishna District as assigned land and placing it before the Assignment Committee and forcibly trying to dispossess the petitioner herein, as illegal and arbitrary. 3. It is the case of the petitioner that as against the resumption orders passed by the 3rd respondent-Tahsildar, Mudenepalli mandal, Krishna District in Rc.No.313 of 2007, dated 16-07-2007, he filed an appeal in Rc.D.951 of 2007 before the 2nd respondent- Revenue Divisional Officer, Gudivada and the same is pending. It is stated that pending disposal of the appeal respondents are seeking to assign the land in question of an extent of Ac.1.30 cents in Sy.No.335/1 of Chigurukota village, Mudenepalli mandal, Krishna District towards house sites in favour of the landless poor. 3. Learned Government Pleader submits that the appeal filed by the petitioner is still pending before the 2nd respondent. 4. Having regard to the aforesaid facts and circumstances, I am of the opinion that when a statutory appeal is pending there cannot be any justification on the part of the respondents to assign the said land towards house sites. 5. Accordingly, Writ Petition is disposed of directing the respondents not dispossess the petitioner from the land in question of an extent of Ac.1.30 cents in Sy.No.335/1 of Chigurukota village, Mudenepalli mandal, Krishna District, which is the subject-matter of the appeal in Rc.D.951 of 2007 on the file of the 2nd respondent-Revenue Divisional Officer, Gudivada, Krishna District. No order as to costs. _________________ V.ESWARAIAH,J 25th January, 2008. Tsy