IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5415 of 2008 Between: 1 Yedida Appa Rao S/o.Matayya R/o.Atchutapuram village and Taluq Visakhapatnam District 2 Uusa Naga Raju S/o.Naganna R/o.Marturu village Atchutapuram Mandal Visakhapatnam District 3 Allampalli Simhachalam S/o.Gangulu R/o.Marturu village Atchutapuram Mandal Visakhapatnam District 4 Revidi Pentayya S/o.Kondayya R/o.Marturu village Atchutapuram Mandal Visakhapatnam District 5 Yedida Chinna Rao S/o.Chodayya R/o.Marturu village Atchutapuram Mandal Visakhapatnam District 6 Smt.Kaaru Lakshmi W/o.Paradesu R/o.Marturu village Atchutapuram Mandal Visakhapatnam District 7 Gatada China Kondadu S/o.Kondayya R/o.Marturu village Atchutapuram Mandal Visakhapatnam District 8 Katata TAta Rao S/o.Nookulu R/o.Marturu village Atchutapuram Mandal Visakhapatnam District ..... PETITIONER(S) AND 1 The Revenue Divisional officer, Narsipatnam Visakhapatnam District 2 The Tahsildar, Atchutapuram Mandal Visakhapatnam District .....RESPONDENT(S) 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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction on the part of the 1st respondent in considering the application for grant of stay of resumption of the petitioners lands pending Appeals filed on 2.2.2008 against the orders of the 2nd respondent dated 7.9.2007 in Rc.No.534/2006/B is highly arbitrary, unjust and contrary to section 4(A) of AP Assigned Land (Prohibition of Transfers) Act 1977 R/w,.section 151 of CPC and to pass such other order or orders. Counsel for the Petitioner:MRP.RAJASEKHAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 5415 of 2008 Order: The petitioners claim that they were assigned land in an extent of Ac.1.00 each in Sy. Nos. 14 and 14/7 of Vedurawada village, and were also given D-Form pattas on 15.08.1994, and since then they are in possession and enjoyment thereof. While so, the petitioners state that respondent No.2, namely the Tahsildar, Atchutapuram Mandal, without issuing any notice and without providing opportunity of hearing, passed orders dated 07.09.2007, resuming the lands assigned to them. Aggrieved thereby, the petitioners state that they preferred appeals along with application for stay of the orders of respondent No.2 under Section 4(A) of the A.P. Assigned Land (Prohibition of Transfer) Act, 1977, before respondent No.1, namely the Revenue Divisional Officer, Narsipatnam, but no orders thereon had been passed till date. While the appeals filed by them are pending before respondent No.1, it is the case of the petitioners that the respondents are trying to evict them from the lands assigned to them. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents, and both of them agreed for disposal of the writ petition with the following directions: Respondent No.1, namely the Revenue Divisional Officer, Narsipatnam, is directed to either dispose of the main appeals filed by the petitioners or the interim applications, expeditiously. Till the main appeals or the interim applications are disposed of, the respondents are directed not to interfere with the possession of the petitioners from the land in question. ___________________ N.V. RAMANA, J. Date: 13.03.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}