THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.25702 of 2009 Dated: 26.11.2009 Between: Mohd. Azharuddin. .. Petitioner And The Revenue Divisional Officer, Khammam Mandal, Khammam District, And others. .. Respondents ORDER: According to the petitioner, he had purchased the land in an extent of Ac.2.00 in Sy.Nos.187 and 188 situated in Koyachalaka village, Khammam Urban Mandal, Khammam District, vide registered document No.967 of 2006 dated 08.05.2006, from one B.Veerabhadra Rao and R.Bhaskar Rao and also purchased the land in an extent of Ac.2.09 gts. in Sy.Nos.187/A, 187/AA and 187/E of the same village, vide registered document No.1213/2006 dated 02.06.2006, from one Jalla Kausalya. While that being so, the 2nd respondent-Tahsildar, Khammam Urban Mandal, Khammam District, alleging that the petitioner illegally encroached the Government lands admeasuring Ac.3.01 gts. and Ac.10.25 gts. in Sy.Nos.192/34 and 192/33 respectively situated in Koyachilaka village, Khammam Urban Mandal, Khammam District, issued notice vide Rc.No.B/13148/2009-08 dated 03.08.2009, under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’), calling upon him to show cause as to why he should not be evicted from the said lands, and, thereafter, issued notice vide Rc.No.B/13148/2009-8 dated 14.08.2009, under Section 6 of the Act, directing the petitioner to vacate from the said Government lands, within seven days of the receipt of the notice. The petitioner contends that despite his submitting explanation on 17.08.2009, bringing to the notice of the 2nd respondent that the lands purchased by him, under the registered sale deeds, and the lands mentioned in the notices issued on 03.08.2009 and 14.08.2009 are distinct, the 2nd respondent, without considering his explanation, issued the impugned proceedings in Rc.No.B/13148/2009-8 dated 22.08.2009, directing the 3rd respondent- Mandal Revenue Inspector-1, Khammam Urban, to take over possession of the lands in Sy.Nos.192/34 and Sy.No.192/33 respectively situated in Koyachelaka village, Khammam Urban Mandal, Khammam District. The grievance of the petitioner is that against the impugned order, he preferred an appeal along with stay application before the 1st respondent-Revenue Divisional Officer, Khammam, on 24.08.2009, but so far neither the appeal is disposed of nor orders are passed on the stay application, and in the meanwhile, the respondents are trying to dispossess him from his lands under the guise of taking possession of the lands in Sy.Nos.192/33 and 192/34 mentioned in the impugned order. In the facts and circumstances of the case, without expressing any opinion on merits, the 1st respondent-Revenue Divisional Officer, Khammam, is directed to consider the appeal purported to have been filed by the petitioner being aggrieved by the impugned order dated 22.08.2009 and pass appropriate orders, as per law, within a period of three months from the date of receipt of a copy of this order. Status quo obtaining as on today, as to the possession of the petitioner, shall be maintained during pendency of the appeal. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 26.11.2009 Note: Issue CC in four days Bo v v