THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :2095 of 2008 DATED:05-02-2008 BETWEEN: Wuppala Bhaskara Rao. ..... PETITIONER AND The State of Andhra Pradesh, Rep., by its Principal Secretary to Revenue Department, Secretariat, Saifabad, 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 2nd respondent in not granting stay order on the petitioners’ petition in the pending appeal filed against order in Rc.479/07, dated 01-09-2007, passed by the 3rd respondent, as illegal, and arbitrary. 3. It is the case of the petitioner that as against the resumption orders passed by the 3rd respondent-Tahsildar, Pendurthi mandal, Visakhapatnam District in Rc.No.479/07, dated 01-09-2007, in resuming the land of an extent of Ac.4.88 cents in Sy.No.122/2 situated at Sowbhagyarayauram on the ground that the said land was originally assigned in favour of a landless poor person, namely Grandhi Varahalu, but the said assignee in violation of the said DKT patta and the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, ‘the Act’) alienated the said land and the petitioner found in possession of the same, petitioner filed an appeal before the 2nd respondent-Revenue Divisional Officer, Visakhapatnam under Section 4A(1) of the Act along with the application for grant of stay, and the same is pending without consideration. Hence, the present Writ Petition. 4. Having regard to the facts and circumstances, without expressing any opinion with regard to the merits of the case, 2nd respondent is directed to consider and dispose of the appeal, if any, filed by the petitioner and pending against the resumption order passed by the 3rd respondent, and pending disposal of the appeal status quo, obtaining as on today, with regard to possession shall be maintained. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 05th February, 2008. Note: Furnish C.C. of the order within three days. B/o Tsy