IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27990 of 2008 Between: 1 Boya Narayana S/o. Chinnaiah R/o. Ranga Reddy Guda Village, Bala Nagar Mandal, Mahabubnagar District. 2 Boya Krishnaiah S/o. Chinnaiah R/o. Ranga Reddy Guda Village, Bala Nagar Mandal, Mahabubnagar District. 3 Boya Kurmaiah S/o. Chinnaiah R/o. Ranga Reddy Guda Village, Bala Nagar Mandal, Mahabubnagar District. 4 Boya Chennaiah S/o. Chinnaiah R/o. Ranga Reddy Guda Village, Bala Nagar Mandal, Mahabubnagar District. 5 Kishan Lal Yadav S/o. Dhannulal Yadav R/o. H.No. 15-4-168, Osman Sahai, Hyderabad. 6 Ramlal Yadav S/o. Tara Chand Yadav R/o. H.No. 15-4-179, Osman Sahai, Hyderabad. 7 Laxmi Narayana Yadav S/o. Tara Chand Yadav R/o. H.No. 15-4-178 & 179, Osman Sahai, Hyderabad. 8 Deepak Yadav S/o. Bal Kishan Yadav R/o. H.No. 15-4-178 & 179, Osman Sahai, Hyderabad. ..... PETITIONERS AND 1 The Revenue Divisional Officer Mahabubnagar Mahabubnagar District. 2 The Mandal Revenue Officer Bala Nagar Mandal Bala Nagar, Mahabubnagar District. 3 Sri. J. Dilip Reddy S/o. Late Jagannadha Reddy R/o. Ranga Reddy Guda Village, Bala Nagar Mandal, Mahabubnagar 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 an order or direction, more in the nature of Writ of Certiorari, calling for the records, pertaining to the Proceedings No. B/ROR/1503/2007, dated 15-12-2008 issued by the 1st respondent, cancelling the earlier vacate stay order No.B/ROR/1503/2007, dated 5- 12-2008, by restoring the interim stay order No. B/ROR/1503/2007, dated 24-4-2007 and quash the same as illegal, arbitrary, without jurisdiction and unconstitutional, and consequently set aside the same. Counsel for the Petitioners :MR.T.SURYA KARAN REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: The Mandal Revenue Officer and Recording Authority, Balanagar, the second respondent, passed an order on 09.02.2007, carrying out certain amendments in the revenue records, in relation to the lands in survey Nos.223, 233, 234, 344 and 366 of Ranga Reddyguda Village, Balanagar Mandal, Mahabubnagar District. This was in pursuance of an order of remand passed by the Joint Collector. Aggrieved by the order passed by the second respondent, the third respondent, who is said to be founder trustee of Sri Laxminarayanaswamy Temple, Ranga Reddyguda, filed an appeal before the Revenue Divisional Officer, Mahabubnagar, the first respondent. An application was also filed for stay. The first respondent passed an order of stay on 24.04.2007. Thereafter, he vacated it through order, dated 05.12.2008. A third order was passed on 15.12.2008 cancelling the order, dated 05.12.2008. The petitioners challenge the order, dated 15.12.2008. The petitioners contend that once the first respondent had vacated the stay through his order, dated 05.12.2008, he has no jurisdiction to deal with the application for stay any longer and that no notice was issued to them before the impugned order was passed. Heard Sri T.Suryakaran Reddy, learned counsel for the petitioners; learned Government Pleader for Revenue and Sri P.Lakshma Reddy, learned counsel for the third respondent. The first respondent has chosen to be as cryptic as possible, while passing orders, at various stages. Initially, he passed an ex parte order of stay on 24.04.2007, at the instance of the third respondent. Through his order, dated 05.12.2008, he vacated the stay. It is so cryptic that there is not even mention of the factum of any application for vacating the stay being filed, much less any arguments being advanced by the concerned parties. However, he has chosen to cancel the order, dated 05.12.2008 on an application filed by the third respondent. Here again, he maintained the same brevity and did not chose to issue notice to the petitioners herein. Therefore, the whole exercise is not only contrary to law, but also is in a bad taste. The Writ Petition is accordingly allowed, setting aside the order, dated 15.12.2008 as well as the one, dated 05.12.2008. The first respondent is directed to issue notice to the petitioners as well as the third respondent, hear their arguments and pass a reasoned order, within ten days from the date of receipt of a copy of this order, either confirming, or vacating the stay granted by him on 24.04.2007. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.04.02.2009. GJ