IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 4224 of 2008 Between: Avula Mallikarjuna Rao S/o.Venakta Krishnaiah r/o.12/235, Gammalapalem Gudur,Nellore District ..... PETITIONER AND 1 The Government of Andhra pradesh, rep.by its Principal Secretary, Revenue (Assn.II) Department, secretariat Hyderabad 2 The Collector, Nellore district, Nellore 3 The Joint Collector, Nellore District,Nellore 4 Sri Vayugundla Venkata sudhakar S/o.C.V.Subbaiah, r/o.D.No,.196, Ward No.9, Raja Street Gudur, Gudur Mandal, Nellore District 5 Smt.Vayugundla Venkata Subbalakshmi W/o.V.Venkata Sudhakar R/o.D.No.196, Ward No.9, Raja street Gudur, Nellore 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 to issue any writ order or direction particularly one in the nature of mandamus declaring the the inaction on the part of the 1st respondent in passing the orders on the interim application filed by the petitioner along with the Revision petition dated 16.6.2007 preferred against the proceedings No.D.Dis.(E8)/3184/2006 dated 30.4,.2007 of the 3rd respondent as illegal, arbitrary, bad and violative of Art.14 of the Constitution of India and consequently direct the 1st respondent to pass appropriate orders on the interim application filed along with the Revision petition dated 16.6.2007 and pass Counsel for the Petitioner:MR.P.VENKATA RAMA SARMA Counsel for the Respondents: GP FOR REVENUE The Court made the following : O R D E R: The petitioner seeks a writ of mandamus declaring the inaction on the part of the 1st respondent in passing the orders on the interim application filed by the petitioner along with the Revision Petition dated 16.6.2007 preferred against the Proceedings No. D.Dis. (E8)/3184/2006 dated 30.04.2007 of the 3rd respondent, as illegal and arbitrary and consequently to direct the 1st respondent to pass appropriate orders on the interim application filed along with the Revision Petition dated 16.6.2007. The only grievance of the petitioner is that the 1st respondent-Government is not passing any orders on the interim application filed by the petitioner in the Revision Petition preferred against the orders dated 30.04.2007 of the Joint Collector, Nellore. It is the case of the petitioner that the petitioner’s grand-mother Avula Krishnamma was an allottee of land in an extent of Ac.0.07 cents in Sy.No.1783/A2-1A situated in I.C.S. Road,Gudur Mandal, Nellore District. It is stated that the respondents 4 and 5 purchased the adjacent assigned lands and under the guise of purchase of abutting assigned lands, they have started interfering with the peaceful possession and enjoyment of the petitioner’s land. It is stated that the Joint Collector conducted suo-motu enquiry and after calling for the report, it is held that if there is any violation of DKT pattas in respect of the house sites, it is open for the competent authority to resume the land and insofar as the complaint of the petitioner that his land was encroached by some others, it is open for him to approach the competent authority for redressal and also to file a criminal case against the concerned. Aggrieved by the said order, the petitioner filed an appeal before the Chief Commissioner of Land Revenue and the Chief Commissioner of Land Revenue by order dated 12.06.2007 held that the appeal is not maintainable and the appeal lies to the Government only. Accordingly, the petitioner filed an appeal along with the stay petition. But, it is not known on what date exactly the appeal along with stay petition has been filed. Having regard to the facts of the case, if any appeal along with stay petition has been filed and pending before the 1st respondent against the orders dated 30.04.2007 of the 3rd respondent, the 1st respondent is directed to consider and dispose of the said stay application as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. With the aforesaid direction, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:28.02.2008 Note: Furnish C.C. by Monday. B/O Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}