IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5617 of 2009 Between: 1.Pothuraju Venkateswara Rao S/o.Subba Rao Resident of 12-9-12/1A, Nissankaravari Street, Kothapeta, Guntur. 2.Pothuraju Chandrashekar S/o.Subba Rao Resident of 12-8-44, Vadduruvari Street, Kothapeta, Guntur. ..... PETITIONERS AND 1 Government of Andhra Pradesh, represented by its Principal Secretary, Revenue, Secretariat, Hyderabad. 2 The District Collector, Collectorate, Guntur. 3 The Revenue Divisional Officer, Guntur Division, Guntur. 4 The Tahsildar, Mandal Revenue Office, Taluka office compound, Guntur Rural, Guntur. .....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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in initiating the proceedings under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and by proposing to evict the petitioners herein from the lands in an extent of Ac.1.07 cents dry land in D.No.550, an extent of Ac.1.07 cents dry land out of Ac.4.12 cents in D.No. 550, an extent Ac.2.00 dry land out of Ac.4.12 cents in D.No. 550, Ac.5.55 cents in Sy.No. 557 and Ac.1.24 cents in D. No.558/1 of Potturu Village of Obulanaidupalem Panchayat, Guntur Rural Mandal and District is arbitrary, illegal, capricious, high handed, violate Articles 14, 21 and the guarantee under Article 300-A of the Constitution of India apart from being in violation of the principles of natural justice and fair play and is also without any jurisdiction and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the lands in an extent of Ac.1.07 cents dry land in D.No.550, an extent of Ac.1.07 cents dry land out of Ac.4.12 cents in D.No. 550, an extent Ac.2.00 dry land out of Ac.4.12 cents in D.No. 550, Ac.5.55 cents in Sy.No. 557 and Ac.1.24 cents in D. No.558/1 of Potturu Village of Obulanaidupalem Panchayat, Guntur Rural Mandal and District in any manner whatsoever. Counsel for the Petitioners: MR.T.S.ANAND Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.5617 of 2009 ORDER: The Tahsildar, Guntur, the fourth respondent, passed two separate orders, dated 30.05.2007, in exercise of power under Section 4 of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). Aggrieved thereby, the petitioners preferred appeals to the third respondent together with an application for stay. The grievance of the petitioners is that the third respondent has not passed any orders on the applications for stay so far and in the meanwhile, the fourth respondent is trying to dispossess them from the land. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The petitioners have availed the statutory remedy of appeal before the third respondent. Almost for the past 1½ years, he did not take up the applications for stay. In case the petitioners are dispossessed even while the appeals are pending, nothing remains to be decided. Hence, the writ petition is disposed of directing that the orders, dated 30.05.2007, passed by the fourth respondent shall remain stayed till the third respondent disposes of the appeals preferred by the petitioners. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.18.03.2009 Note: Communicate the operative portion of the order by wire at party’s costs. (b/o) VGB