IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28339 of 2008 Between: Sri Thulasi Dhama Vrudha Ashramam, Rep. by its Secretary, R. Thimmappa, S/o. Rangappa, Aged about 42 Years, Chatram Village, Madakasira Mandal, Anantapur District. ..... PETITIONER AND 1 The Joint Collector, Anantapur. 2 The Revenue Divisional Officer, Penukonda, Anantapur District. 3 The Tahsildar, Madakasira, Anantapur District. .....RESPONDENT(S) 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 to issue an order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not granting stay against the orders passed by 1st and 2nd respondents is illegal, arbitrary, against law and consequently direct the respondents to set aside the orders passed byt he 3rd respondent in Rc.NO. 70/2008 (c0 dated 26-2-2008 and as confirmed the same by the 2nd respondent in D.Dis.No. D/401/2008 dated 4-9-2008 and pass Counsel for the Petitioner:MR.INENIVENKATA PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Petition No. 28339 of 2008 Order: The grievance of the petitioner is that he had filed a statutory appeal before the Collector, Anantapur District, and the proceedings of the Collector in RC/(E2)/8635/2008, dated 24.10.2008 are produced in the writ petition as Ex.P1. The said appeal has been admitted without granting any status quo order. The petitioner submits that they have established a Vrudhashram on the land in question and that they have a substantial case in the appeal. According to the petitioner they are in possession of the property from the year 2002 and as such in the absence of any orders protecting their possession, they would be dispossessed from the Ashramam. Learned counsel for the petitioner, therefore, submits that since the appeal is admittedly entertained and pending with the Collector, status quo as existing with respect to the said Ashramam be continued pending the said appeal. Heard learned counsel for the petitioner and learned Government Pleader for respondents and on their consent, this writ petition is being disposed of at this stage, in view of limited grievance of the petitioner. It is true that the appeal is entertained. But, the Collector has admitted the appeal without granting any status quo order. Since the said appeal is against the order of the Revenue Divisional Officer dated 04.09.2008, whereunder the Tree patta granted to the petitioner by the Mandal Revenue Officer was cancelled and the Tahsildar was directed to take possession, the Collector ought to have granted status quo pending the appeal. While entertaining the appeal but refusing to grant status quo would render the appeal infructuous. In the circumstances, I deem it appropriate to direct the Collector, Anantapur District, to hear and dispose of the said appeal expeditiously, and in the meanwhile the order of the Revenue Divisional Officer dated 04.09.2008, which is subject matter of the appeal before the Collector, shall remain stayed. Accordingly, the writ petition is disposed of. No costs. _________________________ VILAS V. AFZULPURKAR, J. Date: 29.12.2008 Nsr