IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7010 of 2008 Between: 1 Panta Venkataramanamma W/o.Chennakesavulu Resident of Puretipalli village Gudlur Mandal, Prakasam District 2 Panta Susheela W/o.Kondal Rao Resident of Puretipalli village Gudlur Mandal, Prakasam District 3 Panta Ramanamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 4 Panta Ankamma W/o.Kotaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 5 Panta Chenchamma W/o.Adiyya Resident of Puretipalli village Gudlur Mandal, Prakasam District 6 Ongolu Subbamma W/o.Bodaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 7 Savalam Kondamma W/o.China Guravaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 8 Savalam Kondamma W/o.Pitchaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 9 Thippabathina Ankamma W/o.Kotaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 10 Daggumati Ankamma W/o.Narayana Resident of Puretipalli village Gudlur Mandal, Prakasam District 11 Smt.Galla Kondamma W/o.China Rosaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 12 Burri Bujjamma W/o.China Chennaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 13 Galenki Ankamma W/o.Chennaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 14 Galla Narayanamma W/o.Ramulu Resident of Puretipalli village Gudlur Mandal, Prakasam District 15 Panta Kondamma W/o.Lakshmaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 16 Ponthagani Polamma W/o.Adaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 17 Ongolu Malakondamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 18 Ongolu Vasantha W/o.Polaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 19 Ongolu Varamma W/o.Subbarao Resident of Puretipalli village Gudlur Mandal, Prakasam District 20 Ongolu Ankamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 21 Midasala Kondamma W/o.Narsaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 22 Ongolu Lakshmamma W/o.Subbaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 23 Midasala Ankamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 24 Ongolu Ramanamma W/o.Venkateswarlu Resident of Puretipalli village Gudlur Mandal, Prakasam District 25 Savalam Ankamma W/o.Musalaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 26 Savalam Osuramma W/o.Musalaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 27 Bandlamudi Ramulamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 28 Yenthoti nagamani W/o.Venkateswarlu Resident of Puretipalli village Gudlur Mandal, Prakasam District 29 Yenthoti Sampoorna W/o.Chennaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 30 Yenthoti KOndamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 31 Galla Anuradhamma W/o.Lakshmaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 32 Galla Sulochana W/o.Chinna Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 33 Yenthoti Tirupathamma W/o.Madhava Resident of Puretipalli village Gudlur Mandal, Prakasam District 34 Galla Raghamma W/o.Pedda Rosaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 35 Galla Chinnamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 36 Savalam Ramanamma W/o.Bullaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 37 Savalam Chandramma W/o.Musalaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 38 Savalam Sobha W/o.Chennaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 39 Duggirala Roja W/o.Appa Rao Resident of Puretipalli village Gudlur Mandal, Prakasam District 40 Duggirala Eswaramma W/o.Narayuana Resident of Puretipalli village Gudlur Mandal, Prakasam District 41 Duggirala Lakshmamma W./o.Narsimha Resident of Puretipalli village Gudlur Mandal, Prakasam District 42 Savalam Bharathi W/o.Ankaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 43 Duggirala Narayanamma W/o.Kondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 44 Duggirala Revathi W/o.Malayadri Resident of Puretipalli village Gudlur Mandal, Prakasam District 45 Duggirala Padma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 46 Duggirala Ramamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 47 Duggirala Rathamma W/o.Polaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 48 Ongolu Pushpa W/o.Koteswara Rao Resident of Puretipalli village Gudlur Mandal, Prakasam District 49 Savalam Rangamma w/o.Kesavulu Resident of Puretipalli village Gudlur Mandal, Prakasam District 50 Duggirala Dhanamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 51 Ongolu Lakshamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 52 Duggirala Yanadamma W/o.Singaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 53 Duggirala Chinnamma W/o.China malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 54 Yenthoti Tirupathamma W/o.Venkateswarlu Resident of Puretipalli village Gudlur Mandal, Prakasam District 55 Yenthoti Pitchamma W/o.Subbulu Resident of Puretipalli village Gudlur Mandal, Prakasam District 56 Bandlamudi Chandramma W/o.Chennaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 57 Kancharla Ankamma W/o. Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 58 Panta Kodamma W/o.Kondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 59 Savalam Kondamma W/o.Ankaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 60 Savalam Lakshmamma W/o.Chennaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 61 Savalam Venkataramanamma W/o.Venkateswarlu Resident of Puretipalli village Gudlur Mandal, Prakasam District 62 Savalam Kotamma W/o.Ankaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 63 Savalam Subbamma W/o.Musalaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 64 Duggirala Lingamma W/o.Musalaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 65 Duggirala Suseela W/o.Tirupalu Resident of Puretipalli village Gudlur Mandal, Prakasam District 66 Purimetla lakshmamma W/o.Venkataramanaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 67 Savalam Kalakamma W/o.Ankaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 68 Gudipudi Tirupalu W/o.Bikshalu Resident of Puretipalli village Gudlur Mandal, Prakasam District 69 Dhanyasi Ankamma W/o.Lakshmaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 70 Ongoly Narayanamma W/o.Kondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 71 Mukku Pitchamma W/o.Kondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 72 Ongolu Ramulamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 73 Mukku Ankamma W/o.Malyadri Resident of Puretipalli village Gudlur Mandal, Prakasam District 74 Sadhu Ankamma W/o.Venakteswarlu Resident of Puretipalli village Gudlur Mandal, Prakasam District 75 Satla Rajamma W/o.China Kotaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 76 Satla Nalini W/o.Venkateswarlu Resident of Puretipalli village Gudlur Mandal, Prakasam District 77 Satla Guravamma W/o.Peda Kotaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 78 Burri Raghavamma W/o.Macharla Resident of Puretipalli village Gudlur Mandal, Prakasam District 79 Yaram Jayamma W/o.Malakondaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 80 Yenthoti China Ankamma W/o.Ankaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 81 Savalam Kondamma W/o.Ankaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District 82 Savalam Ankamma W/o.Musalaiah Resident of Puretipalli village Gudlur Mandal, Prakasam District ..... PETITIONER(S) AND 1 The Joint Collector, Prakasam District,at Ongole 2 The REvenue Divisonal officer,Kandukur Prakasam District 3 The Mandal Revenue officer/Tahsildar, Gudlur Mandal Prakasam District 4 The District Collector, Prakasam District, at Ongole .....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 declaring the action of the respondent No.3 in dispossessing the petitioners from their house sites in SY.Nos.304-3A, and 305-1A of Puretiaplli village, Gudlur Mandal, Prakasam District on the ground that the 1st respondent did not grant the petitioner any stay in their statutory appeal before him dated 24.3.2008 preferred against the orders of the 2nd respondent dated 19.2.2008 as illegal, arbitrary and it is further consequentially prayed that this Hon`ble Court may be pleased to suspend of the order of the 2nd respondent in D.Dis.B/721/2007 dated 19.2.2008 pending disposal of the appeal before the 1st respondent dated 24.3.2008 and pass Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7010 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the respondents in trying to dispossess the petitioners from their house sites in survey Nos. 304-3A and 305-1A of Puretipalli village, Gudlur mandal, Prakasam district, pending statutory appeal before the first respondent, as illegal and arbitrary. The case of the petitioners is that they belong to scheduled caste and were granted pattas on 3.3.1996 to an extent Ac.0.03 cents each in survey no.304-3A and 305-1a, Puretipalli village, Gudlur mandal, Prakasam district and since then living therein by constructing small temporary houses/huts. They allege that due to political pressures, the Tahsildar-third respondent issued a show cause notice dated 13.8.2004 for resumption of land on the ground that they did not construct houses in the land allotted to them. The petitioners further allege that without considering their explanation, the third respondent passed orders dated 7.4.2007 resuming their land and aggrieved by the same, they filed an appeal before the second respondent-Revenue Divisional Office, which was also dismissed by orders dated 19.2.2008. Aggrieved by the orders dated 19.2.2008, the petitioners preferred a statutory appeal to the first respondent-Joint Collector on 24.3.2008 together with a petition seeking interim stay of further proceedings pursuant to orders dated 19.2.2008, however, till date no orders are passed therein and the same is pending. Now the grievance of the petitioners is that pending appeal, taking advantage of the fact that no interim orders are granted by the first respondent, the third respondent is trying to dispossess them from the subject land illegally. Hence, the present writ petition. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both agreed for disposal of the writ petition with a direction for expeditious disposal of the pending statutory appeal before the first respondent. Having regard to the fact that the statutory appeal against the orders dated 19.2.2008 is pending and in view of the agreed stand taken by both the counsel, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition directing the first respondent to consider the appeal filed by the petitioners and pass appropriate orders in accordance with law, expeditiously. Till then status quo existing as on today shall be maintained. Accordingly, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 1.4.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER 26 THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7010 of 2008 Date: 1.4.2008