IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 28514 of 2008 Between: Gandi Ramunaidu, S/o. late Appanna, R/o. Paravada Village, Paravada Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by the District Collector, Visakhapatnam District, Visakhapatnam. 2 The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. 3 The Tahsildar, Paravada Mandal, Visakhapatnam District. 4 The Mandal Revenue Inspector, Paravada Mandal, Visakhapatnam District. 5 The Mandal Surveyor, Paravada Mandal, Visakhapatnam District. .....RESPONDENTS 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 issue a Writ of Mandamus or any other appropriate Order or direction, declaring the action of the Respondents herein in interfering with the Petitioner's peaceful possession and enjoyment in respect of the land admeasuring Ac. 5.59 cents situated in S.No. 151 of Swayambuvaram Village of Paravada Mandal, Visakhapatnam District without passing appropriate orders on the Appeal and stay petition dt. 6-12-2007 filed by the Petitioner herein before the Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District, 2nd Respondent herein against the order in Proceedigns Rc.No. 107/07/SA dt. 25-11-2007 passed by the Tahsildar, Paravada Mandal, Visakhapatnam, 3rd Respondent herein as illegal, arbitrary, unreasonable and violative of articles 14 and 300-A of the Constitution of India and opposed to the very spirit and object of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Counsel for the Petitioner: MR.A.V.SESHA SAI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 28514 of 2008 O R D E R : The Tahsildar, Paravada Mandal-the third respondent herein by order dated 25-11-2007, passed under Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, cancelled the assignment made in favour of one Kothurthi Sanyasayya with immediate effect. The petitioner herein, who claims to have purchased the said assigned land from the said Sanyasayya, preferred an appeal before the second respondent-Revenue Divisional Officer on 07-12-2007 along with an application for stay. It is alleged that in spite of several requests, the second respondent has not passed any orders either on his appeal or on the application for stay and in the meanwhile, the third respondent is taking steps to dispossess the petitioner from the land in question pursuant to the order dated 25-11-2007. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. Since the statutory appeal is admittedly pending before the second respondent, I deem it appropriate to protect the possession of the petitioner till the said appeal is considered and decided on merits. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with a direction to the second respondent to dispose of the appeal pending on his file preferred against the order of the third respondent dated 25-11-2007, following due process of law as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the order of the third respondent dated 25-11-2007 shall not be given effect to. No costs. ______________ G. ROHINI, J Date: 30-12-2008 Note: Issue C.C. in 2 days. B/o KLP