IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 20880 of 2008 Between: J. Srinivasa Chowdary, S/o. Late Satyanarayana, R/o. Raipalli Village, Addateegala Mandal, East Godavari District. ..... PETITIONER AND 1 The Agency Divisional Officer & Sub Divisional Magistrate, Rampachodavaram, East Godavari District. 2 Kanem Rama Rao, S/o. Late Kannayya, R/o. Rayapalli Village, Addateegala Mandal, East Godavari District. 3 Kanem Somulu, S/o. late Kanayya, R/o. Rayapalli Village, Addateegala Mandal, East Godavari District. 4 Kanem Nookaraju, S/o. Late Kannayya, R/o. Rayapalli Village, Addateegala Mandal, East Godavari District. 5 Kanem Gangaraju, S/o. Late Kannayya, R/o. Rayapalli Village, Addateegala Mandal, East 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 issue appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not disposing of and passing any order in the interlocutory application filed in O.S.No. 3/2008 filed under A.P. Agency Rules, 1924 which are applicable to the Scheduled Area as illegal, arbitrary and unjust and consequently direct the 1st respondent to dispose of the interlocutory application forthwith in the interest of justice and to pass Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 1st respondent in not disposing of the Interlocutory Application filed in O.S.No.3 of 2008 under A.P. Agency Rules, 1924, as arbitrary and illegal. The petitioner asserts that his late grandfather was the absolute owner and possessor of an extent of Hec.3.50 cents of land in S.No.93/1 situated in Rayapalli village, Addateegala Mandal, East Godavari District and the Settlement Officer, Rajahmundry granted Ryothwari Patta in his favour under A.P.Muttas (Abolition and Conversion into Ryotwari) Regulation, 1969. After the death of his grandfather, the petitioner’s father inherited the property and later the land in question was devolved on the petitioner by succession, and ever since, he has been in peaceful possession and enjoyment of it. As there is a threat of interference by the unofficial respondents, the petitioner filed O.S.No.3 of 2008 before the 1st respondent-Agency Divisional Officer & Sub-Divisional Magistrate for permanent injunction along with an application for grant of interim injunction under Rule 42(C) of A.P. Agency Rules, 1924. Now, the petitioner’s grievance is that though the suit is pending, the 1st respondent has not passed any orders in the Interlocutory Application, and further, taking advantage of the inaction on the part of the 1st respondent, respondent Nos.2 to 5 are causing obstruction to the petitioner from cultivating his land. Heard Sri J.Srinivasa Chowdary, learned counsel for the petitioner, and the learned Government Pleader for Social Welfare appearing for the 1st respondent and perused the material placed on record. Though notices were served on the unofficial respondents, they have not chosen to put in their appearance either in person or through their counsel. Once a suit is filed along with an application for grant of interim injunction, a duty is cast upon the authority to pass appropriate orders in the application either granting injunction or rejecting the application, but keeping the same in abeyance is not expected. Hence, this writ petition is disposed of with a direction to the 1st respondent to dispose of the Interlocutory Application, which was filed along with O.S.No.3 of 2008 for grant of interim injunction, by affording an opportunity to the petitioner as well as the unofficial respondents, within a period of four weeks from the date of receipt of a copy of this order. No costs. ______________ 27.11.2008 bcj