IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 244 of 2009 Between: Golla Balaiah S/o. Mallappa R/o. Muddireddipally Village, Kosgi Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The Joint Collector Mahaboobnagar Mahaboobnagar District. 2 The Revenue Divisional Officer Narayanpet Mahaboobnagar District. 3 The Tahsildar Kosgi Mandal Mahaboobnagar. 4 Kati Narsaiah S/o. Ashanna R/o. Muddireddipally Village, Kosgi Mandal, Mahaboobnagar 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 not passing orders in stay petition pending revision against proceedings of the 2nd respondent vide No.A/1873/2007, dt.6-12-2008 as illegal, arbitrary and violative of Article 14, 19 (1)(g) and 21 of the Constitution of India and against principles of natural justice and consequently direct the 1st respondent to dispose of the revision filed by the petitioner on 3-1-2009. Counsel for the Petitioner: MR.P.NARAHARI BABU Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: It is stated that with regard to the occupancy rights certificate granted in favour of the petitioner in respect of Ac.1.00 of land in Sy.No.1 of Muddireddipalli Village, Kosgi Mandal, Mahaboobnagar, the fourth respondent filed appeal under Section 5 of the A.P. Record of Rights Act, 1971 before the Revenue Divisional Officer, Narayanpet, Mahaboobnagar District, the second respondent herein, who in turn, allowed the appeal in file No.A/1873/2007, dated 6.12.2008, directing to issue occupancy rights certificate in favour of the fourth respondent in respect of the said land under Section 4(1) of the A.P. (Telangana Area) Inam Abolition Act, 1955. Aggrieved by the same, the petitioner filed a revision along with stay application under Section 9 of the A.P. Records of Rights in Pattada Pass Book Act before the Joint Collector, Mahaboobnagar, the first respondent herein. It is stated that the Joint Collector has not considered and disposed of the stay application, which was filed along with the revision filed on 3.01.2002009. Against the appellate order since a stay application has been filed along with the revision, there cannot be any justification on the part of the first respondent in not considering the stay application. But however, as the stay application is said to have been filed on 3.01.2009, it cannot also be stated that there is abnormal delay in considering the same. However, having regard to the fact that the occupancy rights certificate issued in favour of the petitioner has been set aside and granted in favour of the fourth respondent, I deem it appropriate to direct the first respondent to consider and dispose of the stay application filed by the petitioner along with the revision, before implementing the order of the second respondent. Accordingly, the writ petition is disposed of directing the first respondent to consider and dispose of the stay application filed by the petitioner along with the revision against the order of the second respondent in file No.A/1873/07 dated 6.12.2009 as expeditiously as possible, preferably within a period of ten days from the date of receipt of a copy of this order. __________________ (V. ESWARAIAH, J.) 12th January, 2009 Js.