IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23910 of 2008 Between: 1.P.Manohar, S/o. late Sri Palle Chittaiah, Hindu, R/o. H.No.18-8-296-301 Uppuguda, Kandikal, Hyderabad. 2.P.Shankaraiah, S/o. late Sri Palle Chittaiah, Hindu, R/o. H.No.18-8-296-301 Uppuguda, Kandikal, Hyderabad. 3.P.Kanderao, S/o. late Sri Palle Chittaiah, Hindu, R/o. H.No.18-8-296-301 Uppuguda, Kandikal, Hyderabad. ..... PETITIONERS AND 1.The Joint Collector, Hyderabad District at Nampally Station Road, Hyderabad. 2.The Mandal Revenue Officer, Bandlaguda, 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 particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st respondent in not taking up the appeal ﬁled on 29-01-2008 under Section 10(1) of the A.P.Land Encroachment Act, 1905, against the orders made n proceedings No.A/1005/98 dated 17-12-2007 of the 2nd respondent as illegal, arbitrary, mala ﬁde and violation of the principles of natural justice and consequently direct the 1st respondent to dispose of the appeal ﬁled by the petitioner on 29-01-2008 under Section 10(1) of the A.P. Land Encroachment Act, 1905. Counsel for the Petitioners: MRCH.JANARDHAN REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.23910 of 2008 Order: Assailing the inaction on the part of the ﬁrst respondent, namely, the Joint Collector, Hyderabad District, in not taking up the appeal ﬁled by the petitioners on 29.01.2008 against the orders of the second respondent, dated 17.12.2007, declaring that the petitioners are in unauthorized occupation of the land to an extent of 400 sq.mts., in Survey Nos.7 and 8 correlated to T.S.No.64/2/A, Block-E, Ward No.274 of Kandikal Village, Hyderbaad District, the present writ petition is filed. The learned Government Pleader for Revenue appearing for the respondents, on instructions, submits that having regard to the deﬁnition of Collector as deﬁned in Section 1-A (a) of A.P. Land Encroachment Act, 1905 which means and includes ‘any oﬃcer incharge of a revenue division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector’, and considering the fact that the Revenue Divisional Oﬃcer, who is the Head of a Revenue Division, as per the deﬁnition of Section 1-A (a) is Collector, an appeal shall lie to him against the order passed by the Tahsildar and not to the Joint Collector. Hence, he submitted that the petitioner be directed to approach the Revenue Divisional Oﬃcer, who for the purposes of this Act, is treated as Collector. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and at their request, the writ petition is taken up for final disposal, at the admission stage. Having regard to the stand taken by the learned Government Pleader, as noted above, I deem it appropriate to dispose of the writ petition with the following directions. The petitioners are directed to ﬁle an appeal before the Revenue Divisional Oﬃcer, who is the competent authority, within a period of four weeks from the date of receipt of a copy of this order and the Revenue Divisional Oﬃcer is directed to pass appropriate orders thereon expeditiously, and till such time, status quo obtaining as on today shall be maintained. No costs. ___________________ N.V. RAMANA, J. Date: 04.11.2008 VGB