HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14073 of 2008 Date : 09.08.2011 Between : B. Janardhan Goud. …..Petitioner And The State of Andhra Pradesh, rep. by the District Collector, Chittoor District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14073 of 2008 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondent No.3 in dispossessing the petitioner from the lands mentioned in LRAC.No.1/2008 pending on the file of the Land Reforms Appellate Tribunal, Chittoor, so as to allot it to the third parties by way of D-Form pattas, during the pendency of the said appeal, as illegal and arbitrary, with a consequential direction to the 3rd respondent not to resume the petitioner’s land pursuant to the orders of Land Reforms Tribunal, in C.C.No.421/PLM/75, dated 02.11.2006. One Sri Hanuma Gowd was the declarant under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, before the Land Reforms Tribunal and Sub-Collector, Madanapalle in C.C.No.421/PLM/75. He was declared excess land holder holding excess land to an extent of 0.8401 standard holdings. The order of the primary authority was confirmed by the appellate and further confirmed by this Court in CRP.No.265/1992, filed by the legal representatives of the declarant. When the legal representatives of the declarant failed to surrender the excess surplus land, the respondents have suo motu selected an extent of Ac.27.14 gts. of land belonged to the original declarant, situated at Baireddipalle Theertham and Devadoddi villages. In the surrender proceedings, petitioner has filed a claim statement with regard to certain extents of land, stating that said lands have fallen to his share in the family partition. Such objections were over- ruled and the surrender proceedings were approved by the Land Reforms Tribunal, by proceedings dated 02.11.2006, issued in C.C.No.421/PLM/75. As against the said proceedings, the petitioner has filed Land Reforms Appeal in LRAC.No.1/2008 before the Land Reforms Appellate Tribunal, Chittoor, and the same is pending. This writ petition is filed, questioning the action of respondents in taking steps to dispossess the petitioner from the lands claimed by him and allotting the same to the third parties by way of D-Form pattas. This Court, at the stage of admission, by order dated 02.07.2008, issued directions to the respondents not to create third party interest over the lands claimed by the petitioner, if not already assigned. Said order continued all along from 02.07.2008, in view of pendency of this writ petition. When the matter is called on last occasion, learned Government Pleader was directed to get instructions about the status of the appeal stated to have been filed by the petitioner before the Land Reforms Appellate Tribunal, Chittoor. When the matter is taken up today, it is submitted by the learned Government Pleader that the appeal filed by the petitioner is still pending and it is posted to 11.10.2011. As much as this Court granted interim orders on 02.07.2008 directing the respondents not to create any third party rights over the lands claimed by the petitioner, which are covered by the objections of the petitioner, and in view of the pendency of appeal before the Land Reforms Appellate Tribunal, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to assign or create any third party rights over the lands claimed by the petitioner till appropriate final orders are passed by the Appellate Tribunal. It is made clear that after disposal of the appeal by the Land Reforms Appellate Tribunal, it is open to the respondents to take steps in accordance with law. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 9th August 2011 ajr