IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3341 of 2008 Between: 1 Yaddala Sudhakara Reddy S/o. Pitchi Reddy R/o. Venkatareddypalem, Ozili Mandal, Nellore District. 2 Yaddala Subbarami Reddy S/o. Pitchi Reddy R/o. Venkatareddypalem, Ozili Mandal, Nellore District. 3 Vemula Japipal S/o. Late Chengaiah R/o. Ozili Village Mandal, Nellore District. ..... PETITIONERS AND 1 The Director (Appeals ), Government of A.P. Office of the Land Administration, Hyderabad. 2 The Joint Collector, Nellore. 3 The Sub-Collector, Gudur, Nellore District. 4 The Tahsildar, Ozili Mandal, Ozili, Nellore District. 5 The Pudiparthi Audilakshmi W/o. Bandi Ankaiah R/o. L.A.Sangam, Naidupeta, Naidupeta Mandal, 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 issue a writ, or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not passing any orders in the suspension petition filed along with the appeal on 11.2.2008, aggrieved by the order of the Joint Collector, Nellore in R.C.No.E8.9092/200 dt.31.12.2007 and the order of the Joint Collector, Nellore R.C.No.E8.9092/200 dt.31.12.2007 is arbitrary, illegal and without jurisdiction and consequently suspend the said order pending the Appeal before the 1st respondent and pass such other order or orders in the interest of justice. Counsel for the Petitioners: MR.CH.CKRISHNA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3341 of 2008 ORDER: It is the case of the petitioners that against the order passed by the 2nd respondent in proceedings Rc.No.E8.9092/200, dated 31-12-2007, suo motu restoring the land admeasuring Ac.5-00 cents in Sy.No.58/1 situated at Vijaya Nellore Village, Ojili Mandal, Nellore District, in favour of the original assignee i.e., the 5th respondent, who was assigned the said land in the year 1983, on the ground that the said land has been assigned again by mistake in favour of the petitioners in the year 1992, the petitioners filed an appeal along with stay application before the 1st respondent on 11-02-2008. But, so far, neither stay application nor appeal has been disposed of. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the 1st respondent to consider and dispose of the stay application, if any received and pending, filed against the order of the 2nd respondent in proceedings Rc.No.E8.9092/200, dated 31-12-2007, after giving reasonable opportunity to the petitioners and the 5th respondent, in accordance with law, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Thereafter, take up the main appeal for hearing and disposal. There shall be no order as to costs. __________ 19-02-2008 Note: Issue C.C. in one week (B/o) Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Director (Appeals ), Government of A.P. Office of the Land Administration, Hyderabad. 2 The Joint Collector, Nellore. 3 The Sub-Collector, Gudur, Nellore District. 4 The Tahsildar, Ozili Mandal, Ozili, Nellore District. 5 2CCs to GP for Revenue 6 2CD copies