IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No. 11203 of 2010 DATED: 12.05.2010 BETWEEN Payyavula Rangaiah …….. petitioner VS. 1. The District Collector, Khammam District and three others ……..respondents ORDER: Petitioner claims to be the owner of the land to an extent of 320 square yards in S.No. 119 situated at Khanapuram haveli, Khammam District having purchased the same through the Registered sale deed No. 113/1982. It is stated that when the petitioner was sought to be dispossessed from the land, he filed the suit O.S.No. 148 of 2010 on the file of the Senior Civil Judge, Khammam and obtained temporary injunction in I.A.No. 322 of 2010 on 8.4.2010 and thereafter proceeded with the construction of the house in the said land. While so, a show cause notice dated 19.4.2010 under the Land Encroachment Act, 1905 was issued to one V.V. Shakamuri Sridevi, who is daughter of the petitioner. Pursuant to the said show cause notice, petitioner herein viz., P. Rangaiah submitted an explanation stating that he is the owner of the said land. Accordingly, show cause notice dated 26.4.2010 was also issued to the petitioner and after considering the explanation submitted by him, orders were passed under Section 6 of the A.P. Land encroachment Act, by the third respondent vide Rc No. B/2061/2010 dated 4.5.2010. The said orders were questioned in the Writ Petition on the ground that he has filed an appeal on 6.5.2010 against the orders of the third respondent dated 4.5.2010 and also moved an application for grant of stay. But the second respondent has not disposed of either stay petition or the appeal. A perusal of the order of the third respondent shows that the petitioner claims 320 square yards house plot in S.No. 119, but whereas the encroacher is sought to be evicted in respect of 320 square yards of land in S.No. 94. It is stated that the land claimed by the petitioner is in S.No. 119 but not in S.No. 94, therefore, he cannot have any grievance. Therefore, I am not inclined to express any opinion on merits, as the appeal said to have been filed by the petitioner before the Revenue Divisional Officer, Khammam, second respondent herein on 6.5.2010 along with stay application is pending. Having regard to the facts and circumstances of the case, without expressing any opinion on merits, the Writ Petition is disposed of directing the second respondent to consider and dispose of the appeal filed by the petitioner against the orders of the third respondent in Rc No. B/2061/2010 dated 4.5.2010, as expeditiously as possible without any undue delay. Pending disposal of the appeal, status quo obtaining as on today, with regard to the possession, shall be maintained. There shall be no order as to costs. ________________ V.ESWARAIAH, J Date: 12-05-2010 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies