IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 294 of 2009 Between: Shik Nurjahan Begum W/o.Sayeed H.No.5-3-8,Rasthoginagar Khanapuram Haveli,Khammam ..... PETITIONER AND 1 The Chief COmmissioner Land Administration, Nampally, Hyderabad 2 The Joint Collector, Khammam District Khammam 3 The Thasildar, Khammam Urban Mandal Khammam 4 Shaik Sakeena Bee W/o.Abdul Mutalif C/o.Shaik Lalbee, H.No.9-4-166, Aziz Street Khammam .....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 inaction of the 1st respondent in passing appropriate orders on the stay petition filed along with the appeal No.BCW5/771/2008 dated 24.12.2008 against the orders of 2nd respondent passed in case No.Rc.No.E3-304/2008 dated 28.11.2008 as illegal, arbitrary, and violative of principle of the natural justice and consequently direct the respondent No.1 to consider and dispose of the stay petition as well as appeal itself and pass such other or further orders as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.SREENIVASA RAO RAVULAPATI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.294 OF 2009 ORDER: The writ petition is filed by the petitioner seeking writ of mandamus declaring the inaction of the 1st respondent in passing appropriate orders on the stay petition filed along with the appeal No.BCW5/771/2008, dated 24.12.2008, against the order of the 2nd respondent passed in case No.R.C.No.E3-304/2008, dated 28.11.2008, as illegal, arbitrary and violative of principles of natural justice and consequently direct the 1st respondent to consider and dispose of the stay petition as well as the appeal itself. The case of the petitioner is that she was the assignee of the house site granted by the Mandal Revenue Officer, Khammam Urban Mandal, vide proceedings No.B/5705/97, dated 30.9.1997 and she also constructed house bearing No.5-3-8, Rasthoginagar, Khanapuram Havel, Khammam Urban Mandal, Khammam District. While so, the 4th respondent claiming the said property filed an application before the 2nd respondent for cancellation of house site and the 2nd respondent after hearing the petitioner and the 4th respondent passed the eviction orders in Rc.No.E3- 304/2008, dated 28.11.2008, setting aside the patta granted in favour of the petitioner directing to hand over the said house in favour of the 4th respondent. Aggrieved by the same, the petitioner filed an appeal before the Commissioner of Land Revenue, Hyderabad and the said appeal No.BCW5/771/2008 is pending. It is stated that the petitioner also said to have been filed stay application along with the appeal.But the stay application had not been considered and disposed of. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the first respondent to pass appropriate orders on the stay petition filed by the petitioner along with appeal No.BCW5/771/2008, dated 24.12.2008, against the orders of the 2nd respondent in R.C.No.E3-304/2008, dated 28.11.2008, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. The writ petition is, accordingly, disposed of at the stage of admission. No order as to costs. ________________ V.ESWARAIAH, J. 12.1.2009 kpr