HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22408 of 2010 Date 08.09.2010 Between: Unnava Sai Kumar. ..... PETITIONER AND The Govt of A.P. rep. By its Principal Secretary, Revenue Dept. Secretariat Buildings, Hyderabad and others. .....RESPONDENTS Counsel for the petitioner :Sri P.R.Prasad Counsel for the Respondents : Assistant Government Pleader for Revenue HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22408 of 2010 ORDER: This Writ Petition is filed for a Mandamus declaring the action of the Revenue Officials in seeking to dispossess the petitioner from the land admeasuring Ac.3.36 cents in Sy.No.482/B/2 to 4 of Vankayalapadu Village and Gram Panchayat, Chilakaluripeta Sub-Division, Narasaraopeta, Guntur District as illegal and arbitrary. The petitioner claims to be the owner of the above- mentioned land. However, respondent No.4 treating the said land as assigned land passed order dated 30.07.2007 purporting to resume the said land under the provisions of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). Feeling aggrieved by the said order, the petitioner filed an appeal which was registered as appeal No.109/2007 before respondent No.3. While the said appeal is still pending, the petitioner is apprehending his dispossession from the land in question. Ordinarily when an appeal is pending, the petitioner should have approached the appellate authority seeking interim protection. The petitioner stated that as there was no threat when the appeal was filed, he could not apply for an interim order. The petitioner has pleaded that the respondents are making hectic efforts to allot this land to the third parties. At the hearing Sri P.R.Prasad, learned Counsel for the petitioner, invited my attention to the order of resumption passed by respondent No.4, a perusal of which prima facie shows non- application of mind. However, as the appeal is pending before respondent No.3, this Court refrains from expressing final view on this aspect. As the appeal of the petitioner is pending before respondent No.3, the latter is directed to dispose of the same, after giving an opportunity of hearing to the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order. Pending disposal of the appeal, the petitioner shall not be dispossessed. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the main petition, WPMP.No.28569 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Date:08.09.2010 usd