IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11319 of 2008 Between: ..... PETITIONER(S) AND .....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 Counsel for the Petitioners: MR.N.SIVA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{ } HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.11319 of 2008 ORDER: The petitioners claim to have purchased an extent of Ac.5.00 cents of land in Sy. No.355/9 of Madhuravada village, Visakhapatnam (Rural) Mandal, Visakhapatnam District, from an ex-service man who was said to have been assigned the same on 08-06-1978. When he was sought to be evicted, he approached this Court by filing W.P.No.21951 of 2004. The said writ petition was disposed of on 24- 08-2007, directing the 2nd respondent to examine the matter, particularly, as to whether the patta in favour of the predecessors in title of the petitioners is genuine or not. The 2nd respondent passed an order dated 31-10-2007, holding that the patta relied upon by the petitioner is not genuine. The petitioner filed an appeal before the 1st respondent against the said order together with an application for stay. Their grievance is that even while the appeal as well as application for stay are pending, the 2nd respondent is taking steps to evict them. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. 3. The petitioners availed their statutory remedy of appeal by the order passed by the 2nd respondent. He has filed application for stay. If they are dispossessed from the land, even while appeal is pending, nothing remains to be decided and 3rd parties’ rights would intervene. 4. Therefore, the writ petition is disposed of directing that the petitioners shall not be dispossessed during the pendency of the appeal before the 1st respondent. No costs. ____________________ 29th May, 2008 kvr