IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 26675 of 2008 Between: 1 Ratakonda Prasad S/o. Narsaiah R/o. Mittagudam Village, Aswapuram Mandal, Khammam District. 2 Ratakonda Bhaskar Rao S/o. Narsaiah R/o. Mittagudam Village, Aswapuram Mandal, Khammam District. 3 Gangavarapu Sesharatnam W/o. Venkateshwar Rao R/o. Mittagudam Village, Aswapuram Mandal, Khammam District. ..... PETITIONERS AND 1 The Sub-Collector, Palavancha, Palavancha Town & Mandal, Khammam District. 2 The Tahsildar, Manuguru, Manuguru Village & Mandal, Khammam District. 3 The Mandal Revenue Inspector-II, Manuguru Village & Mandal, Khammam 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No.1 herein not grantign stay of the operation of the order dt. 21.10.2008 in Case R.C.No.B/6216/2008 of the 2nd respondent herein, and in not disposing of the appeal and stay application as illegal, arbitrary, unreasonable, contrary to the principles of natural justice and the provisions of A.P. Land Encroachment Act 1905 and also violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents No.2 and 3 herein not to evict the petitioners No.1 to 3 from land bearing Sy.No.314 to an extent of Ac.2.10 guntas, Ac.2.30 guntas and Ac.4.30 guntas dry land situated at Samithsingaram Village of Aswapuram Mandal, Khammam District respectively, pending disposal of the appeal filed by the petitioners herein from the 1st respondent and pass Counsel for the Petitioners:MR.S.MADAN MOHAN RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.26675 of 2008 ORDER: The three petitioners filed instant writ petition aggrieved by the action of first respondent in not granting stay in the appeal filed by them against the orders of second respondent dated 21.10.2008. Be it noted in purported exercise of powers under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (the Act, for brevity), second respondent passed said order for eviction of the petitioners, who allegedly encroached land admeasuring Acs.9.20 gts in survey No.314 situated at Samithisingaram Village, Manuguru Taluk, Khammam District. After getting instructions, learned Assistant Government Pleader for Revenue submits that the appeal is listed for final hearing on 20.12.2008. This only shows that the petitioners approached this Court even while the appeal is listed for final hearing. As the petitioners filed appeal under Section 10 of the Act, this Court is not inclined to interfere and pass any orders. The writ petition is accordingly dismissed. No costs. ____________ V.V.S.RAO, J 08th December, 2006 GHN To 1 The Sub-Collector, Palavancha, Palavancha Town & Mandal, Khammam District. 2 The Tahsildar, Manuguru, Manuguru Village & Mandal, Khammam District. 3 The Mandal Revenue Inspector-II, Manuguru Village & Mandal, Khammam District. 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{MSN}