IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15812 of 2008 Between: 1 G.Chinnappa S/o.G.Souri R/o.H.No.455-6-9, Narasimhanagar, Visakhapatnam. 2 K.Sujanamma W/o.Sabari Nadh R/o.H.No.45-37-27, Jagannadhapuram, Visakhapatnam. 3 K.Swamy S/o.Ramayya Narasimhanagar Plot No.8, Bank Colony, Visakhapatnam. 4 K.Venkata Rao S/o.Chinyya B.C. Colony, Vepamarru, Visakhapatnam. 5 Y.Chandra Kantham W/o.Venkata Rao B.C. Colony, Vepamarru, Visakhapatnam. 6 P.Ramayya S/o.Appadu Ambedkar Colony, Marripalem, Visakhapatnam. 7 G.Rani W/o.Prasada Raju R/o.Adavivaram, Visakhapatnam. 8 K.Ramu S/o.Perayya Chinagadili, Visakhapatnam. 9 G.Chinakotayya S/o.Venkatrao Vepagunta, B.C. Colony, Visakhapatnam. 10 T.Prabhavathi W/o.Veerayya SC Colony, Marripalem, Visakhapatnam. 11 T.Lalithamma W/o.Ramu Ambedkar Colony, Visakhapatnam. 12 Nidigattu Yerramma W/o.late N.Bangari R/o. S.R.Puram, Visakhapatnam. 13 T.Demudu S/o.Veeraswamy R/o. S.R.Puram, Visakhapatnam. ..... PETITIONERS AND 1 The Revenue Divisional Officer, Visakhapatnam. 2 The Tahsildar, Pendurthi Mandalam, Pendurthi, Visakhapatnam District. .....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 order or orders or directions or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in forcibly evicting and dispossessing the petitioners from their respective lands situated in Survey Nos. 116/1E to K and 126/2, 126/5, 126/6, 127/1, 127/3, Soubhagya Rayapuram Village, Pendurthi Mandalam, Visakhapatnam District, as illegal and arbitrary and to pass such other order or orders. Counsel for the Petitioner:MR.M.L.ALI Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The petitioners claim to be the owners of small extents of land in various survey numbers situated at Soubhagya Rayapuram Village, Pendurthi Mandal, Visakhapatnam District. The said lands have been assigned to them by the Government, under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act 9 of 1977 (for short “the Act”). It is stated that a notice dated 30-03-2007 has been issued to the respective petitioners to explain as to why the assignment shall not be cancelled and the lands resumed to the Government for violation of the provisions of the Act. The second respondent-Tahsildar, Pendurthi Mandal, after considering the explanations submitted by the petitioners, passed orders, dated 05.11.2007, holding that the petitioners have violated the provisions of the Act and directed resumption of the said lands. Aggrieved by the same, the petitioners approached the ﬁrst respondent- Revenue Divisional Oﬃcer, Visakhapatnam, by way of appeal, along with an application for stay, and that the same is still pending. The grievance of the petitioners is that though the matter is pending before the ﬁrst respondent, the respondents are trying to evict them forcibly, and they seek appropriate directions in this regard. Having heard the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, and having regard to the fact that the appeal ﬁled by the petitioners is said to be pending consideration before the ﬁrst respondent-Revenue Divisional Oﬃcer, I deem it appropriate to dispose of the writ petition with the following directions. The ﬁrst respondent-Revenue Divisional Oﬃcer is directed to consider and dispose of either the main appeal or the application for stay ﬁled by the petitioners and pass appropriate orders thereon in accordance with law, within a period of three months from the date of receipt of a copy of this order. Till such time, Status quo obtaining as on today shall be maintained by both the parties. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _____________ N.V.RAMANA, J. Dated:23.07.2008 GJ