Having heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue appearing for the Respondents and keeping in view that the statutory appeal is pending against the 2nd respondent’s order dated 13.12.2011, I deem it appropriate to protect the possession of the petitioners till the said appeal is decided on merits. By order dated 13.12.2011, the 2nd respondent had cancelled the Lavoni patta granted to the petitioners in respect of Ac.7.17 guntas of land situated in survey No.12 of Dharmapur village, Mahabubnagar District. Aggrieved by the said order, the petitioners preferred an appeal under Section 4-A of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 on 15.12.2011 before the 1st respondent. Along with the appeal, the petitioners also filed an application seeking interim stay of all further proceedings pursuant to the 2nd respondent’s order dated 13.12.2011.

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No. 633 OF 2012

Dated: 19.01.2012

Between

R.V. Swamy and 2 others

… Petitioners

and

The Revenue Divisional Officer

And another.

… Respondents

The Court made the following:- 

THE HON’BLE Ms. JUSTICE G. ROHINI

W.P.No. 633   of 2012

ORDER

          By order dated 13.12.2011, the 2^nd respondent had cancelled the Lavoni patta granted to the petitioners in respect of Ac.7.17 guntas of land situated in survey No.12 of Dharmapur village, Mahabubnagar District. Aggrieved by the said order, the petitioners preferred an appeal under Section 4-A of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 on 15.12.2011 before the 1^st respondent.  Along with the appeal, the petitioners also filed an application seeking interim stay of all further proceedings pursuant to the 2^nd respondent’s order dated 13.12.2011.

          Alleging that the 1^st respondent has not considered the petitioners’ application for stay and in the meanwhile, steps are being taken to evict the petitioners on the basis of the 2^nd respondent’s order dated 13.12.2011, the present writ petition is filed.

          Having heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue appearing for the Respondents and keeping in view that the statutory appeal is pending against the 2^nd respondent’s order dated 13.12.2011, I deem it appropriate to protect the possession of the petitioners till the said appeal is decided on merits.

          Accordingly, the Writ Petition is disposed of with a direction to the 1^st respondent to dispose of the appeal pending on his file against the order dated 13.12.2011 following due process of law, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of this order. Till such time, all further proceedings, pursuant to the 2^ndrespondent’s order dated 13.12.2011 shall remain stayed. No costs.

                                                                   ___________________

    G. ROHINI, J.

Date 19.01.2012

Ivd/CHV