THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26790 of 2010 Dated 28th October, 2010 Between: Yellaboina Peda Brahmaiah …Petitioner And The District Collector, Guntur and others …Respondents Counsel for the petitioner: Mr. G.V.S. Mehar Kumar Counsel for respondent Nos.1 to 3: Assistant Government Pleader for Revenue Counsel for respondent No.4: -- The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the inaction of respondent No.2 in disposing of O.P.No.258 of 2009 despite his receiving enquiry report dated 03.12.2009 from respondent No.3 as illegal and arbitrary. At the hearing, Sri G.V.S. Mehar Kumar, the learned counsel for the petitioner, submitted that though the said O.P. filed by his client against the order of respondent No.3 granting pattadar passbooks and title deeds in favour of respondent No.4 is pending since the year 2009, no action is being taken by respondent No.2 to dispose of the same. In my opinion, respondent No.2 is entitled to examine the legality or otherwise of the order of respondent No.3 in his capacity as an appellate authority under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the O.P. filed by the petitioner requires to be treated as an appeal. Hence, as the appeal is pending before respondent No.2 for a substantially long time, I do not find any justification for non-disposal of the same. Accordingly, the Writ Petition is disposed of with the direction to respondent No.2 to dispose of O.P.No.258 of 2009 (appeal) within a period of two months from the date of receipt of a copy of this order, after giving notice to the petitioner and respondent No.4. As a sequel to disposal of the writ petition, W.P.M.P.No.34230 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th October, 2010 GHN