THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1012 of 2008 DATED:24-01-2008 BETWEEN: Thakur Ravindranath Singh Chouhan @ S.Ravindranath Singh. ..... PETITIONER AND The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Hyderabad & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioner seeks a writ of mandamus declaring the action of the respondents in passing final order on 13-10-2007 vide Rc.B.95/2007 through the 3rd respondent and not issuing stay orders in appeal filed before the 2nd respondent, as illegal, and unconstitutional. 3. It is stated that the 3rd respondent-Tahsildar, Nandivada mandal, Krishna District passed the above order resuming the said land in exercise of the powers under Sections 4(1)(a) of the A.P.Assigned Lands ( Prohibition of Transfers) Act, 1977 ( for brevity, ‘the Act’) on the ground that the said land was originally assigned in favour of one Chinta Surya Raju of Polukonda village and thereafter it was transferred in favour of the petitioner herein in contravention of sub-Sections 2 and 3 of Section 3 of the Act. It is further stated that even after service of notice, dated 25-05- 2007, on the said possessor on 10-07-2007, no explanation has been filed and hence, the impugned order has been passed. It is the case of the petitioner that he is in possession and enjoyment of the said land but not the said Surya Raju. 4. I am not inclined to express any opinion with regard to the said contention of the petitioner, but if the petitioner is aggrieved by the said order, he has got an effective remedy and accordingly, it is stated that the petitioner filed an appeal. I am also not inclined to express any opinion whether the said appeal is filed within the prescribed time or not, but however if any appeal is filed and pending it is for the appellate authority to consider and dispose of the same. 5. Accordingly, Writ Petition is disposed of directing the appellate authority to consider and dispose of the stay application if any appeal is filed and pending. No order as to costs. _________________ V.ESWARAIAH,J 24th January, 2008. Tsy