IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21098 of 2008 Between: Gurram Siddayya S/o.Chinna Subbayya R/o.Darbhagudem, Jeelugumilli Mandal, West Godavari District. ..... PETITIONER AND 1 The District Collector, W.G. District, Eluru. 2 The Special Asst. Agent to Government (RDO) Jangareddigudem, West Godavari District. 3 Smt.Bethala Parvathi W/o.Krishna Rao R/o.Darbhagudem, Jeelugumilli Mandal, West Godavari District. 4 Bethala Krishna Rao S/o.Late Laxmaiah R/o.Darbhagudem, Jeelugumilli Mandal, West Godavari 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 Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 1st respondent in not passing the order in the stay application ﬁled along with the appeal against the orders dt. 21.8.2008 passed by the 2nd respondent in I.A.No.14/2008 in O.S.No.6/2008 as illegal, arbitrary, unconstitutional and consequently direct the 1st respondent to pass appropriate orders in the appeal ﬁled by the petitioner and pass such other or further orders. Counsel for the Petitioner:MR.S.APPADHARA REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ petition has been ﬁled by Gurram Siddaya assailing the inaction of the District Collector, West Godavari District, Eluru-1st respondent in entertaining the appeal ﬁled against the order dated 21.8.2008 passed in I.A.No.14 of 2008 in O.S.No.6 of 2008 on the ﬁle of the Special Assistant Agent to Government, (RDO), Jangareddigudem, West Godavari District-2nd respondent. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of R1 and R2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for R1 & R2. The petitioner ﬁled a suit before the Special Assistant Agent to Government (RDO), Jangareddigudem, West Godavari District-2nd respondent under Sections 14 & 15 of Andhra Pradesh AgencyRules, 1924. He also moved an application seeking interim injunction. Respondent Nos.3 and 4 herein, who are the defendants in the suit, resisted the application and thereupon, the Special Assistant Agent to Government dismissed the application by order dated 21.08.2008. The petitioner ﬁled Civil Miscellaneous Appeal before the District Collector, West Godavari District-1st respondent, who is the competent authority under Agency Rules to entertain the appeal. But, the appellate authority neither entertained the appeal nor rejected the same. Hence, this writ petition. A fact remains that 1st respondent is the competent authority under the Agency Rules, to consider the appeal filed by the petitioner and pass appropriate orders. In that view of the matter, the writ petition is disposed of directing the 1st respondent to entertain the appeal and pass appropriate orders. There shall be status q u o existing as on this day with regard to the land in dispute for a period of three weeks or till the appellate authority entertains the appeal, whichever is earlier. No costs. __________ 26-09-2008 Note: Issue CC by two days. (B.O) rkk