IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 3403 of 2008 Between: Addanki Kanchi Varada Raju S/o. Peddirajua R/o. D.No. 6-62, Pallepalem (V) Kruthivennu (M) Krishna District. ..... PETITIONER AND 1 The District Collector, Krishna, Machiliatnam. 2 The Joint Collector, Krishna, at Machiliatnam. 3 The Revenue Divisional Officer, Machiliatnam, Krishna District. 4 The Tahasildar, Kruthivennu (M) at Kruthivennu Krishna District. 5 Smt. Edarapalli Krishnaveni W/o. Nageshwar Rao R/o. D.No. 15-23-2, 18th Ward, Palurivari Street, Bheemavaram, West Godavari District. .....RESPONDENT(S) 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 writ or direction preferably writ of Mandamus declaring the order issued by 2nd respondent in Proc. Rc No. B1/SRA/4/2007 dt. 12-2-2008 received by the counsel for petitioner on 15-2-2008 as illegal, arbitrary without jurisdiction and contrary to judgment of Hon'ble Division Bench passed in WA No. 102/08 dt. 11-2-2008 and consequently set aside the same and pass Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondent Nos. 1 to 4: GP FOR CIVIL SUPPLIES Counsel for respondent No.5: Mr. P. Veera Reddy The Court made the following : HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA W.P.NO. 3403 OF 2008 ORDER: (Per Anil R. Dave, HCJ) By an order dt. 11.2.2008 passed in W.A.No. 102 of 2008 the District Collector, Krishna at Machilipatnam was directed to decide the appeal which was subject matter in the said writ appeal. Before the aforesaid order was signed and even communicated to the District Collector and to the Joint Collector, in normal circumstances the Joint Collector had decided the appeal on 12.2.2008. Thus the order which had been passed by this Court could not be implemented. We have heard the learned advocates appearing for the parties and we have noted the strange co-incidents which had taken place in the matter. Looking to the facts of the case, we direct the District Collector, Krishna at Machilipatnam to decide the appeal as directed in W.A.No.102 of 2008 on 11.2.2008. We make it clear that the order passed by the Joint Collector, dt. 12.2.2008 has not been looked into and has not been considered on merits as that order has been treated as non- este by this Court. The Collector shall take a decision as directed by this Court in WA No. 102 of 2008 on or before 24th March, 2008. The Collector shall issue notice to the concerned parties immediately and the learned advocates appearing for the parties have assured that no one would pray for time before the Collector so as to see that the Collector decides the matter as directed by this Court. In view of the above order, the writ petition is finally disposed of. ________________ ANIL R. DAVE CJ _____​______________________ GOPALAKRISHNA TAMADA J Dt.21.2.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Krishna, Machiliatnam. 2 The Joint Collector, Krishna, at Machiliatnam. 3 The Revenue Divisional Officer, Machiliatnam, Krishna District. 4 The Tahasildar, Kruthivennu (M) at Kruthivennu Krishna District. 5. 2 CCs to GP for Civil Supplies, High Court Buildings, Hyderabad. 6. 2CD copies Form-NIC-OGS/WP{VSMI}