THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.7437 of 2009 ORDER: The Mandal Revenue Officer and Tahsildar, Yadagirigutta Mandal, Nalgonda District, the third respondent herein, initiated proceedings against the petitioner under the A.P. Land Encroachment Act, 1905 (for short ‘the Act’) in respect of an extent of 273 square yards of land in H.No.1-163 of Motakondur Village, Yadagirigutta Mandal, Nalgonda District. A notice under Section 7 of the Act was issued on 20.01.2009. The petitioner submitted an explanation on 31.01.2009 and through his order, dated 09.02.2009, the third respondent directed eviction of the petitioner. The petitioner filed an appeal, under Section 10 of the Act, before the Revenue Divisional Officer, Bhongir Division, Nalgonda District, the second respondent herein, on 03.03.2009, together with an application for stay. His grievance is that no orders have been passed by the second respondent on the application for stay and it is complained that the third respondent is taking steps to evict him from the site. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The petitioner availed the statutory remedy of appeal under Section 10 of the Act, feeling aggrieved by the order, dated 09.02.2009, passed by the third respondent. If the petitioner is evicted even while the appeal is pending, the very purpose of presentation thereof would be defeated. Hence, the writ petition is disposed of, directing that the order of eviction, dated 09.02.2009, passed by the third respondent shall remain suspended till the second respondent disposes of the appeal presented by the petitioner. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY,J Dt:09.04.2009 kdl