IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 22898 of 2008 Between: 1.Pothuganti Venu Goud S/o.Gaja Simha Goud R/o.H.No.1-1-669, Bheemunidubba, Koratla proper and Mandal, Karimnagar District. 2.Pothuganti Bhasker Goud S/o.Srinivas Goud R/o.H.No.1-283, Jhansi Road, Koratla proper and Mandal, Karimnagar District. 3.Pothuganti Raghu Goud S/o.Tulasi Goud R/o.H.No.3-2-115, Patel Road, Koratla proper and Mandal, Karimnagar District. 4.Pothuganti Narayana Goud S/o.Srinivas Goud R/o.H.No.1-2-79, Jhansi Road, Koratla proper and Mandal, Karimnagar District. 5.Pothuganti Bhoomagoud S/o.Narsa Goud R/o.H.No.2-6-17, Vinobha Road, Koratla proper and Mandal, Karimnagar District. 6.Pothuganti Venkatesh S/o.Laxminaryana Goud R/o.H.No.1-1-872, Bheemunidubba, Koratla proper and Mandal, Karimnagar District. 7.Gouda Sangam, represented by its president Pohtuganti Paranadam S/o. Laxma Goud, R/o.H.No.1-2-79, Jhansi Road, Koratla proper and Mandal, Karimnagar District. ..... PETITIONERS AND 1.The Revenue Divisional Officer, Jagtial Division, Jagtial, Karimnagar District. 2.The Tahsildar, Koratla Mandal, Koratla, Karimnagar District. .....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 an order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondent No.1 in not passing any orders in stay petition which is preferred along with the Appeal No. A/1683/2008 which is ﬁled against the orders passed by the respondent No.2 in proceedings No.B/208/06, praying to suspend the said orders thereby not to dispossess the petitioners from their land each an extent 1 Acre by the petitioners No.1 to 6 and an extent of Acre 02 guntas by the petitioner No.7 in Sy.No.454 respectively situated at Koratla, Karimnagar District until the disposal of the appeal, is arbitrary, illegal, null and void and violative of the Articles 14, 19, 21 and 300-A of the Constitution of India. Counsel for the Petitioners: MR.K.VENUMADHAV Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.22898 of 2008 Order: The petitioners claim to be the landless poor. It is their case that they were assigned lands in question, that pattas were also issued in their favour in the year 1996, and that since then, they have been in peaceful possession by cultivating the same. While so, the second respondent, namely, the Tahsildar, Koratla Mandal, Koratla, Karimnagar District, issued show- cause notice, dated 24.07.2006, calling upon the petitioners to submit their explanation within ﬁfteen days as to why the lands in question should not be resumed for violation of the conditions of the assignment, pursuant to which, the petitioners submitted their explanation. However, the second respondent, without considering the explanation submitted by the petitioners and without giving any opportunity of hearing, passed orders of resumption on 02.02.2007. Aggrieved by the same, the petitioners preferred an appeal on 14.10.2008 before the Revenue Divisional Oﬃcer, Jagtial Division, Jagtial, Karimanagar District, the ﬁrst respondent. However, the ﬁrst respondent has not passed any orders either on the main appeal or on the stay application. Hence, the present writ petition. Heard the learned counsel for the petitioners 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. Admittedly, the appeal preferred by the petitioners against the orders of the second respondent, dated 02.02.2007, is pending before the ﬁrst respondent. If the order of the second respondent is not stayed during the pendency of the appeal, the whole cause will become infructuous. In the circumstances, the writ petition is disposed of directing the ﬁrst respondent, namely, the Revenue Divisional Oﬃcer, Jagtial Division, Jagtial, Karimanagar District, to pass appropriate orders either on the appeal or on the stay application preferred by the petitioners expeditiously and till such time, status quo obtaining as today shall be maintained. No costs. ___________________ N.V. RAMANA, J. Date: 21.10.2008 Note: Issue CC in three days. (b/o) VGB