IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11932 of 2008 Between: D.Durga W/o.D.Gopi R/o.Barlikond Banglow, Pakala Village, Pakala Mandal, Chittoor District. ..... PETITIONER AND 1 The Commissioner, Appeals, Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad. 2 Joint Collector, Chittoor District at Chittoor. 3 Revenue Divisional Officer, Tirupathi Division, Chittoor District. 4 Tahsildar, Pakala (M), Chittoor 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not staying the execution of order of 2nd respondent in D.Dis [E4] 1865/2007, dt: 2.12.2007 pending appeal as illegal, irregular, and contrary to provisions of AP Board of Revenue Standing Orders and offends Art: 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from her land of Ac. 1.69 cents in Sy.No. 2899/3 of Pakala Village pursuant to said order and pass such other orders or order. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: It is the case of the petitioner that he was granted DKT patta in August, 2005 for an extent of Ac.1.96 cents in Sy.No.2899/3 of Pakala Revenue Village. He was also granted the pattadar passbook and title deeds also. While so the 2nd respondent initiated proceedings in D.Dis.No.1865/2007 dated 2.12.2007 seeking cancellation of the said assignment on the ground that the petitioner left the village and did not cultivate the land and accordingly cancelled the assignment patta by order dated 2.12.2007. Aggrieved by the same, the petitioner carried the matter in appeal before the 1st respondent along with a stay petition. The grievance of the petitioner is that the appellate authority though initially granted status quo order for certain period but later did not extend the same. Hence this writ petition. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the writ petition is taken up for final disposal at the admission stage itself. Admittedly, the appeal preferred by the petitioner against the orders passed by the 2nd respondent – Joint Collector, Chittoor is still pending before the 1st respondent – Commissioner Appeals, Chief Commissioner of Land Administration, Hyderabad and no orders are passed either in the appeal or on the stay petition. If the order of the 2nd respondent is not stayed during the pendency of the appeal, the whole cause will become infructuous. Therefore, the writ petition is disposed of directing the 1st respondent to consider and dispose of the appeal filed by the petitioner against the orders of the 2nd respondent expeditiously and till then the order passed by the 2nd respondent is stayed. N.V.RAMANA,J DT.12.6.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Appeals, Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad. 2 Joint Collector, Chittoor District at Chittoor. 3 Revenue Divisional Officer, Tirupathi Division, Chittoor District. 4 Tahsildar, Pakala (M), Chittoor District. 5 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyderabad (OUT) 6 2CD copies