IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1684 of 2009 Between: 1.Maddina Lakshumma W/o.Pitchaiah R/o.C.Kammapalli, Rly.Kodur Mandal, Kadapa District. 2.Maddina Ramaiah S/o.Papaiah R/o.C.Kammapalli, Rly.Kodur Mandal, Kadapa District. ..... PETITIONERS AND 1.The Government of Andhra Pradesh, represented by Principal Secretary to Revenue Department, Secretariat, Saifabad, Hyderabad. 2 Joint Collector, Kadapa District, Kadapa. 3 Revenue Divisional Officer, Rajampeta, Kadapa District. 4 Tahsildar, Railway Koduru Mandal, Kadapa District. 5 Maddina Lakshumma W/o.late Gurunadham C.Kammpalli, Rly. Kodur Mandal, Kadapa District. .....RESPONDENTS 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not passing stay order on the stay petition and pending revision petition presented against order dt.06.11.2008 in D.Dis.E3/2373/2008 passed by the 2nd respondent as illegal, irregular, and contrary to provisions of Andhra Pradesh Board of Revenue Standing Orders and offends Art: 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their respective holdings of Ac.0.70 cents each out of Ac.2.10 cents in Survey Number 360/2 of C.Kammapalli Village. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.1684 of 2009 ORDER: An extent of Acs.2.10 cents of land in Suvey No.360/2 of C.Kammapalli Village, Railway Kodur Mandal, Kadapa District was assigned in the name of Sri Gurunadham, husband of the fifth respondent herein. Pitchaiah and Papaiah are brothers of Gurunadham, while the first petitioner is the wife of Pitchaiah and the second petitioner is the son of Papaiah. The petitioners state that though the assignment was in the name of Gurunadham, it was for the benefit of the entire family. Acting on a representation made by them, the Revenue Divisional Officer, Rajampet, Kadapa District, the third respondent, issued proceedings, dated 23.04.2008, directing that pattas be granted in favour of the petitioners and the fifth respondent for an extent of Ac.0.70 cents each. Aggrieved thereby, the fifth respondent filed a revision under Section 9 of A.P. Rights in Land and Pattadar Pass Books Act, 1971 before the Joint Collector, Kadapa. Through his order, dated 06.11.2008, the Joint Collector, Kadapa allowed the revision. Thereafter, the petitioners approached the first respondent with further revision. They also filed an application for stay. The grievance of the petitioners is that no orders have been passed in the application for stay and in the meanwhile, their rights are at jeopardy. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The Joint Collector, Kadapa reversed the order passed by the Revenue Divisional Officer, Rajampeta. Unless the existing rights of the petitioners are protected during the pendency of the revision filed before the first respondent, the very purpose would be defeated. The petitioners represent that the properties are being enjoyed in three bits and taking advantage of absence of order of stay, the fifth respondent is trying to dispossess them. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing that the order, dated 06.11.2008, passed by the Joint Collector, Kadapa shall stand suspended, pending disposal of the revision before the first respondent. The revision shall be disposed of within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.16.03.2009 VGB