HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24646 of 2011 and WRIT PETITION No.24647 of 2011 Date: September 06, 2011 WRIT PETITION No.24646 of 2011 Between: T. Ashok … Petitioner And 1. The Revenue Divisional Officer, Nalgonda, Nalgonda District & another. … Respondents * * * WRIT PETITION No.24647 of 2011 Between: G. Chennakesava Reddy … Petitioner And 1. The Revenue Divisional Officer, Nalgonda, Nalgonda District & another. … Respondents * * * HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24646 of 2011 and WRIT PETITION No.24647 of 2011 COMMON ORDER: Two different petitioners, who have an identical grievance, filed these writ petitions. The petitioners suffered order dated 06.7.2011 under Section 6 of the A.P. Land Encroachment Act, 1905 (for brevity ‘the Act’), passed by the Tahsildar, Narayanpur Mandal, Nalgonda District. Against the said order, the petitioner preferred an appeal before the Revenue Divisional Officer, Nalgonda, which is admittedly pending. When the said appeal is allegedly not being entertained, the petitioner approached this Court by filing W.P. No.21748 of 2011 which was disposed of on 02.8.2011 directing the appellate authority to dispose of the stay petition filed by the petitioner within two weeks. 2. Thereafter, the Revenue Divisional Officer, the first respondent herein, has taken up the stay application for consideration and came to the conclusion that the proceeding initiated by the Tahsildar, Narayanpur, holds good and dismissed the stay petition. The petitioners have again approached this Court with the present writ petitions stating that they are in possession of the subject land since 2005 onwards and prior to them, their predecessors-in-title were in possession for several years. The petitioners state that pattadar passbooks were also issued in their names and as such the notice issued under Section 6 of the Act was unauthorized. 3. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. 4. In the facts and circumstances of the case, it is apparent that the petitioners have raised serious dispute regarding the validity of the impugned proceedings of the Tahsildar, Narayanpur Mandal, which is now the subject matter of the appeal before the Revenue Divisional Officer, Nalgonda. The petitioners substantive case in the said appeal being that they are in lawful possession of the subject land for several years, at least till the appeal is heard, t h e prima facie case and balance of convenience show that petitioners’ possession needs to be protected, otherwise, the appeal itself would get frustrated. 5. In that view of the matter, I deem it appropriate to dispose of this writ petition by directing that the proceedings of the Tahsildar, Narayanapur Mandal, under Section 6 of the Act which is impugned in the respective appeals of the petitioners shall remain stayed pending the respective appeals of the petitioners pending before the Revenue Divisional Officer, Nalgonda. The Revenue Divisional Officer, Nalgonda, shall hear and decide the appeals in accordance with law expeditiously, preferably, within six months from the date of receipt of a copy of this order. No costs. ____________________________ VILAS V. AFZULPURKAR, J Date: September 06, 2011. BSB OPERATIVE PORTION OF THE COMMON ORDER: In that view of the matter, I deem it appropriate to dispose these writ petitions by directing that the proceedings of the Tahsildar, Narayanpur Mandal, under Section 6 of the A.P. Land Encroachment Act, 1905, which is impugned in the respective appeals of the petitioners, shall remain stayed pending the respective appeals of the petitioners pending before the Revenue Divisional Officer, Nalgonda. The Revenue Divisional Officer, Nalgonda, is free to hear and decide the appeals in accordance with law expeditiously preferably within six months from the date of receipt of a copy of this order. No costs. ____________________________ VILAS V. AFZULPURKAR, J Date: September 06, 2011. Note: (1) Issue copy of the operative portion of the common order by wire at party’s costs. (2) Please send the case bundles to the Court Masters Section after despatch of the wire order. //B.O.// BSB