1 APHC010377302020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 25164/2020 Between: Shaik Moahammad Basha and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 2 3 The Court made the following order: The present Writ Petition is filed questioning the action of the respondents in trying dispossess the petitioners from the land admeasuring an extent of Ac.5.00 cents in Survey No.495-3 of Kammuru Village, Kuderu Mandal, Anantapur District, while an appeal is pending before the 3rd respondent, which was filed against the resumption order dated 04.08.2020, passed by the 4th respondent. 2. The case of the petitioners is that they have purchased lands to an extent of Ac.2.50 cents, Ac.0.625 cents, Ac.1.25 cents in survey No.495-3 of Kammuru Village, Kuderu Mandal, through registered sale deeds dated 10.05.2019 for a valid sale consideration from their vendor, one Sri M.Subbanna. It is further contended that from the date of purchase, the petitioners are in peaceful possession and enjoyment of the said lands. While so, the respondents tried to interfere with the possession of the petitioners over the said land for allotting the same towards house site pattas under “NAVARATNALU-PEDALANDARIKI ILLU” scheme. In the said process, the respondents also issued a notice under Section 3 (2) of Andhra Pradesh Assigned Lands (POT), Act 1977, to the 4 petitioners asking for explanation. The petitioners have submitted their explanation/objections on 03.08.2020. 3. Upon considering the case, the 4th respondent issued proceedings, dated 04.08.2020, whereby and whereunder cancelled the pattadar pass books issued in favour of the petitioners and ordered that the land be resumed to the Government. Assailing the said order, the petitioners filed an appeal before the 3rd respondent vide Rc.No.1309/2020/D2(b). Pending appeal, the respondents tried to take possession of the lands from the petitioners, the present Writ Petition is filed. This Court, by order, dated 24.12.2020, granted interim order directing the respondents not to allot house sites in favour of third parties till appropriate orders are passed in the appeal filed by the petitioners. The said order is subsisting as on today. 4. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 5. Perused the record. 6. The only grievance of the petitioners is that during pendency of the appeal, the respondents tried to interfere with their possession over the subject lands. It is pertinent to note that, this Court while ordering notice protected the interest of the petitioners and interim 5 order dated 24.12.2020. In view of the above, this Court is inclined to dispose of the Writ Petition, with a direction to the 3rd respondent to dispose of the appeal vide Rc.No.1309/2020/D2(b) filed by the petitioners as expeditiously as possible, after affording them an opportunity of being heard. 7. It is needless to mention that the interim order granted by this Court on 24.12.2020, shall remains in force till the disposal of the appeal. 8. With the above observations, the present Writ Petition is disposed of. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 4th March, 2025 RSI 6 102 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO.25164 of 2020 4th March, 2025 RSI