IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 130 of 2009 Between: Mandepudi Vijaya Lakshmi W/o. Venkata Narasaiah R/o. Gummadidurru Village, Penuganchiprolu Mandal, Krishna District. ..... PETITIONER AND 1 The District Collector Krishna District Machilipatnam. 2 The Revenue Divisional Officer Vijayawada Division Vijayawada, Krishna Dist. 3 The Tahsildar Penuganchiprolu Mandal Penuganchiprolu, Krishna Dist. .....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 direction, more particularly in the nature of Writ of MANDAMUS to declare the action of the 1st respondent in not passing the orders in the stay petition filed along with revision filed by the petitioner as arbitrary, illegal and consequently grant stay of all further proceedings in pursuant to the orders issued by the 3rd respondent vide Rc.No.89/136 to 148/2005, dt.11-7-2007 including the dispossession of the petitioner f;rom the agricultural land extent Ac.3.38 cents situated in R.S.Nos.130/2E, , 130/2F, 130/2G 130/2H, 130/2I, 130/2A, 130/2B, 130/3G, 130/3D, 130/3E, 130/3F, 130/3G of Gummadidurru Village, Penuganchiprolu Mandal, Krishna District, pending disposal of the revision before the 1st respondent in the interest of justice. Counsel for the Petitioner:MR.P.NAGENDRA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 130 OF 2009 ORDER: Petitioner questioned the action of the 1st Respondent-District Collector in not considering and disposing of the stay petition filed along with the revision petition. The stay was said to have been filed along with the revision petition against the order of the 2nd Respondent- Revenue Divisional Officer, Vijayawada confirming the order of 3rd Respondent-Tahsildar, Penuganchiprolu Mandal, Krishna District trying to dispossess the petitioner from the possession of the lands in question as illegal and arbitrary. It is the case of the petitioner that 3rd respondent-Tahsildar issued notice on 11-7-2007 stating that the lands in Survey No. 130 and its sub- division numbers each admeasuring to an extent of about 35 to 37 cents were assigned lands which were not alienable. Aggrieved by the said notice the petitioner filed an appeal before the Revenue Divisional Officer-2nd Respondent and the appellate authority also dismissed the said appeal confirming the orders of the Tahsildar vide proceedings D.Dis.(Rc) A10/2845A/2007, dated 20-1-2008. Aggrieved by the same the petitioner said to have been filed a revision before the 1st Respondent-District Collector and the said Assignment Revision Petition No. Rc.E3 of 2008 is pending on the file of the 1st Respondent-District Collector, which is said to have been filed on 27-3-2008 along with the stay petition. It is stated that the stay application has not been considered or disposed of by the 1st respondent and taking advantage of the same the 3rd respondent-Tahsildar is trying to dispossess the petitioner from the lawful possession of the lands in question. Without going into the merits of the case as the stay application is said to have been pending with the 1st respondent-District Collector the 1st Respondent-District Collector is directed to dispose of the stay application of the petitioner filed along with the Revision petition as expeditiously as possible, till disposal of the stay petition or the revision by the 1st respondent-District Collector the parties have to maintain status quo existing as on today. It is needless to say that if there is no stay application pending with the 1st respondent-District Collector the order of the status quo shall not be given effect. With the above observation, this writ petition is disposed of. No order as to costs. ______________________ Justice V. Eshwaraiah 7th January, 2009. KM THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 130 OF 2009 7th January, 2009.