THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.2970 of 2008 Between: Medhari Guru Murthy. .. PETITIONER and The Tahsildar and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.2970 of 2008 ORDER: It is the case of the petitioner that against the resumption order passed by the 1st respondent in proceedings R.Dis.No.B/1639/07, dated 04-02-2008, in resuming the land admeasuring Ac.2-12 cents in Sy.No. 213-27 situated at Kakkalapalli Village, Ananthapur, the petitioner filed an appeal along with stay application before the 2nd respondent on 06-02-2008. But, so far, neither stay application nor appeal has been disposed of. A perusal of the resumption order goes to show that after issuing show-cause notice, final order has been passed resuming the land in question on the ground that the petitioner violated the terms and conditions of D-Form patta, as he has not cultivated the said land. I am of the opinion that in respect of violation of terms and conditions of D-Form patta, the assigned land cannot be resumed under the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act”). Admittedly, in respect of violation of terms and conditions of D-Form patta, it is always open for the assigning authority to resume the assigned land under the provisions of Board Standing Order but not under the provisions of the Act. However, as the appeal is pending before the 2nd respondent, it is for the 2nd respondent to consider the said contention. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the appeal filed against the order of the 1st respondent in proceedings R.Dis.No.B/1639/07, dated 04-02-2008, as expeditiously as possible, in accordance with law. Pending disposal of the appeal, the resumption order shall be kept in abeyance. There shall be no order as to costs. __________ 14-02-2008 Note: Issue C.C. in three days (B/o) Prv