THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 8299 of 2008 Dated: 08.09.2010 Between: Inampudi Sambrajyam … Petitioner And 1. The Govt. of A.P. rep. by Prl. Secretary, Revenue Department, Secretariat, Hyderabad., And 3 others. … Respondents THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 8299 of 2008 O R D E R : The petitioner herein claims title to Ac.0.50 cents of land situated in Sy.No.798/6, Evurupalle Village, Thotavaripalem Panchayat, Chirala Mandal, Prakasam District having purchased the same under a Registered Sale Deed dated 4.7.1996. Aggrieved by the order dated 11.12.2007 passed by the 4th respondent directing resumption of the above land to the Government in exercise of the powers conferred under Section 4 (1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (Act No.9 of 1977), the petitioner preferred an appeal before the 3rd respondent – Revenue Divisional Officer, Ongole. The 3rd respondent, having entertained the appeal, by order dated 31.01.2008 granted interim stay. However, subsequently by order dated 18.3.2008 the stay petition was dismissed and the interim order dated 31.01.2008 was vacated. Challenging the said order, this writ petition has been filed contending inter alia that the impugned order dated 18.3.2008 under which the 3rd respondent had vacated the interim stay pending appeal without notice to the petitioner was arbitrary, illegal and in violation of the principles of natural justice. This Court while directing rule nisi, by order dated 17.4.2008 granted interim stay of all further proceedings pursuant to the impugned order including dispossession of the petitioners. In the counter-affidavit filed on behalf of the respondents, the fact that the impugned order dated 18.3.2008 was passed without notice to the petitioner has not been disputed. Heard the learned counsel for both parties. The 3rd respondent is bound to conduct the proceedings in a statutory appeal in conformity with the principles of natural justice. Having regard to the admitted fact that the impugned order was passed without giving an opportunity of hearing to the petitioner, the impugned order is liable to be set aside on that ground alone. Accordingly, the impugned order is set aside and the Writ Petition is disposed of with a direction to the 3rd respondent to dispose of the main appeal following due process of law, if not already disposed of, as expeditiously as possible preferably within a period of four weeks from the date of receipt of this order. Till the appeal is decided, the petitioner shall not be dispossessed from the land in question. No costs. _____________ G. ROHINI, J. Date: 08.09.2010 gbs