THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No :1386 of 2008 DATED:04-02-2008 BETWEEN: Pasula Kistaiah. ..... PETITIONER AND The District Collector, Sangareddy, Medak District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioner seeks a writ of mandamus declaring the action of the respondents in not considering the stay petition filed by the petitioner herein during the pendency of the appeal as contemplated under Section 10(2) of the Land Encroachment Act, 1905 ( for brevity, ‘the Act’) requesting to suspend the notice, dated 25-01-2008, bearing No.A/4397/2007 under Section 6 of the Act issued by the 2nd respondent, as illegal, and arbitrary. 3. It is the case of the petitioner that as against the final notice issued by the 2nd respondent-Tahsildar, Toopran village under Section 6 of the Act ordering eviction of the petitioner from his illegal possession of an extent of Ac.0.38 cents in Sy.No.476 of Toopran village and mandal, Medak District vide proceedings No.A/4397/2007, dated 25-01-2008, petitioner filed an appeal under Section 10 of the Act before the Revenue Divisional Officer, Siddipet on 30-01-2008, and the same is pending without consideration. Hence, the present Writ Petition. 4. As a statutory appeal is pending under Section 10 of the Act, without expressing any opinion with regard to the merits of the case, the Revenue Divisional Officer, Siddipet is directed to consider and dispose of the said appeal filed by the petitioner after giving reasonable opportunity to the petitioner and pending disposal of the appeal, status quo, obtaining as on today, with regard to possession shall be maintained. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 04th February, 2008. Note: Furnish C.C. of the order by 05-02-2008. B/o Tsy