IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6791 of 2008 Between: Dr.Pravathareddy Anand S/o.late Narsimha Rao Soprirala(V) of Chinaganjam(M) Prakasam Dist ..... PETITIONER AND 1 The R.D.O Ongole Prakasam Dist 2 The Tahasidar Chinaganjam(M) Chinaganjam Prakasam Dist 3 The Mandal Revenue Inspector Chinaganjam(M) Prakasam Dist .....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 issue direction in the nature of writ of Mandamus declaring the that the inaction on the part of the 1st respondent in not passing any orders in interim applications filed in the Appeal in RCC/362/2008 field by the petitioner and the action of the respondents 2 and 3 in taking steps to evict the petitioner forcibly while the appeal is pending without following the procedure prescribed under the law as illegal arbitrary unconstitutional unwarranted and against the principles of Natural justice and consequently direct the respondents not to take any coercive steps to evict the petitioner from the land 670/3,4 &5 628/1 629/2 5 &6 633/1 2 3 &4 634/1 635/1 628/2 635/2 670/2B 2c 2d 2e 2f 2g 2h 212j 2k 2l and 627/3 of Chinaganjam(V) (M) of Prakasam Dist. Counsel for the Petitioner: MR.T.RAJENDRA PRASAD Counsel for the Respondents : GP FOR REVENUE The Court made the following : ORDER: The petitioner claims to be the owner of the lands in question having purchased the same under different registered sale deeds and certain lands were taken for lease under registered lease deeds for 99 years. While so, he was served with a show cause dated 7.4.2007 issued by the 2nd respondent – Tahsildar, Chinaganjam Mandal under Rule 3 of the A.P.Assigned Lands (Prohibition of Transfers) Rules, 1977 calling for his explanation as to why he should not be evicted from the lands in question. To the said show cause notice, it is stated that the petitioner has submitted his explanation. Thereafter, the 2nd respondent in proceedings No.RC.B/91/30/2007 dated 15.11.2007 passed orders holding that the lands in question are ‘assessed waste dry lands’. Questioning the said orders, the petitioner preferred appeal before the 1st respondent – Revenue Divisional Officer, Ongole. The grievance of the petitioner is that even though the appeal filed by him before the 1st respondent is pending, the respondents are trying to dispossess him from the lands in question. Therefore, he has filed the present writ petition seeking a direction to the respondents not to take any coercive steps to evict him from the lands in an extent of Ac.48.58 cents situated in S.Nos.670/3,4 &5, 628/1, 629/2, 5 &6 633/1, 2, 3 &4, 634/1 635/1 628/2 635/2 670/2B, 2c, 2d, 2e, 2f, 2g, 2h, 212j, 2k, 2l, and 627/3 of Chinaganjam(V) (M) of Prakasam Dist. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. Since, the appeal filed by the petitioner against the orders of the Tahsildar is pending before the Revenue Divisional Officer, it is agreed by both the learned counsel that till the disposal of the appeal by the 1st respondent, the petitioner shall not be evicted from the lands in question. Accordingly, the writ petition is disposed of directing the 1st respondent to dispose of the appeal preferred by the petitioner against the orders of the Tahsildar, Chinaganjam as expeditiously as possible and till such time, the respondents shall not interfere with the possession of the petitioner over the lands in question. N.V.RAMANA,J Dt. 28.3.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The R.D.O Ongole Prakasam Dist 2 The Tahasidar Chinaganjam(M) Chinaganjam Prakasam District 3 The Mandal Revenue Inspector Chinaganjam(M) Prakasam District 4 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad. 5 2CD copies