IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15253 of 2008 Between: Ithamraju Pedapullaiah, S/o. late Laxmaiah, R/o. Kannaigudem Village, Chintalagudem hamlet, Bhadrachalam Mandal, Khammam District. ..... PETITIONER AND 1 The Tahsildar, The Mandal Revenue Office, Bhadrachalam Mandal, Bhadrachalam, Khammam District. 2 The Settlement Officer, Venkatapuram Unit, Bhadrachalam, Khammam Dsitrict. 3 The Commissioner and Director of Settlements, Survey Bhavan, Narayanaguda, Hyderabad. .....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, order or direction more in the nature of Writ of mandamus declaring the action of the first respondent in interfering with the possession and enjoyment of the lands situated in Sy.No.7/12, 49/1 and 49/2 to an extent of 0.28, 0.43 and 2.95 hectors situated at Seethampet Village, Bhadrachalam Mandal, Khammam Pending statutory appeal before the 3rd respondent in Ref.No.7925/07(A2) dated 28-9-2007 for claim for grant of Ryotwari Patta as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of India and also contrary to the instructions issued by the Government of India and also contrary to the instructions issued by the Government in this regard in Government in Memo No.892/J2/80-1, dated 17- 7-1980 and to pass Counsel for the Petitioner: MR.P.V.RAMANA Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: It is the case of the petitioner that he filed an appeal before the Commissioner and Director of Settlements, the 3rd respondent herein under sub-Section (3) of Section 9 of A.P.Scheduled Areas Ryotwari Settlement Regulation 2 of 1970 against the orders of the Settlement Officer, Bhadrachalam dated 9.3.1978 for grant of ryotwari patta along with an application seeking stay of his dispossession from the land situated in Sy.No.7/12, 49/1 and 49/2 in extent of 0.28, 0.43 and 2.95 hectors and the stay application was rejected by memo dated 28.9.2007. The said order is now questioned by the petitioner in this writ petition. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the writ petition is taken up for final disposal at the admission stage itself. It is contended by the learned counsel for the petitioner that the 3rd respondent though admitted the appeal, rejected the stay application even though the Government in Memo No.892/J2/80-1 dated 17.7.1980 directed the authorities not to evict such of those claimants whose cases are pending before the settlement authorities for grant of ryotwari pattas. Admittedly, the appeal filed by the petitioners is pending consideration before the Commissioner and if the petitioners are dispossessed from the subject matter of land during the pendency of the appeal, the appeal itself becomes infructuous. That apart, the Government in Memo dated 17.7.1980 clearly directed the authorities not to evict the claimants whose cases are pending. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the 3r d respondent-Commissioner and Director of Settlements to dispose of the appeal preferred by the petitioner within a period of two months from the date of receipt of a copy of this order and till then there shall be stay of dispossession of the petitioners from the subject matter of lands. No costs. N.V.RAMANA,J Dt.16.7.2008 msv