THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4939 OF 2011 DATED 1ST MARCH, 2011 BETWEEN Madugula Ramesh …Petitioner And Sub-Collector, Paloncha, Khammam District and others …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4939 OF 2011 ORDER: The petitioner’s grievance is that the Sub Collector, Paloncha, Khammam District, having entertained his appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 against the order dated 10.01.2011 passed by the Tahsildar, Burgampahad Mandal, Khammam District, is not passing any orders upon his stay application. As the matter is pending before the statutory appellate authority, this Court does not deem it appropriate to go into the merits of the case. Once the statute vests the party aggrieved with the right of preferring an appeal, the appellate authority must be mindful of the obligations placed on it by the statute and cannot protract the matter indefinitely thereby rendering the statutory remedy infructuous. Unless the appellate authority passes necessary orders upon the stay application, the very appeal pending before the said authority runs the risk of being rendered futile. The Writ Petition is accordingly disposed of directing the Sub Collector, Paloncha, Khammam District, to forthwith take up the stay application filed by the petitioner along with his appeal preferred against the order dated 10.01.2011 passed by the Tahsildar, Burgampahad Mandal, Khammam District, and dispose of the same in accordance with law after giving due opportunity of hearing to all the parties concerned. In the circumstances of the case, no order as to costs. ____________________ SANJAY KUMAR, J. 1ST MARCH, 2011. Note: Issue C.C. in two days. (B/O) VGSR/PGS