IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20137 of 2008 Between: 1.Narshimulu S/o. Hanumanna R/o. Doudharpully Village, Gadwal Mandal 2.Ratnappa S/o. Keshanna R/o. Doudharpully Village, Gadwal Mandal 3.Gopal S/o. Savaranna R/o. Doudharpully Village, Gadwal Mandal 4.Bajaranna S/o. Pedda Naganna R/o. Doudharpully Village, Gadwal Mandal 5.Kurva Chinna Nagapa S/o. Nagappa R/o. Doudharpully Village, Gadwal Mandal 6.Dubhanna S/o. Iyyanna R/o. Doudharpully Village, Gadwal Mandal 7.Pedda Eadanna S/o. Hanumanna R/o. Doudharpully Village, Gadwal Mandal 8.RAnganna S/o. Andhappa R/o. Doudharpully Village, Gadwal Mandal 9.Sunkanna S/o. Iayanna R/o. Doudharpully Village, Gadwal Mandal 10.Besanna S/o. Buchanna R/o. Doudharpully Village, Gadwal Mandal 11.K. Doullu S/o. Buchenna R/o. Doudharpully Village, Gadwal Mandal 12.Chinna Venkatanna S/o. Bodenna R/o. Doudharpully Village, Gadwal Mandal 13.Krishna S/o. Ramulu R/o. Doudharpully Village, Gadwal Mandal 14.Kori Doullu S/o. Hanumanthu R/o. Doudharpully Village, Gadwal Mandal 15.K. Savaranna S/o. Narsappa R/o. Doudharpully Village, Gadwal Mandal 16.Manoj Kumar S/o. Ratnappa R/o. Doudharpully Village, Gadwal Mandal 17.Doullu S/o. Beerappa R/o. Doudharpully Village, Gadwal Mandal 18.Govindu S/o. Kurva Nagappa R/o. Doudharpully Village, Gadwal Mandal 19.Bajaranna S/o. Doulanna R/o. Doudharpully Village, Gadwal Mandal 20.Chinna Dulanna S/o. Bajaranna R/o. Doudharpully Village, Gadwal Mandal 21.Chinna Edanna S/o. Hanumanna R/o. Doudharpully Village, Gadwal Mandal 22.Nagappa S/o. Mareppa R/o. Doudharpully Village, Gadwal Mandal 23.Bojanna S/o. Andappa R/o. Doudharpully Village, Gadwal Mandal ..... PETITIONERS AND 1 Tahasildar, Gadwal, Mahabubnagar District. 2 Revenue Divisional Officer, Gadwal, Mahabubnagar District. 3 The District Collector, Mahabubnagar District, Mahabubnagar. 4 The Principal Secretary, [Revenue] Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. .....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 or order more especially one in the nature of writ of Mandamus declaring the action of the Responent No.2 in not exercising the power for granting interim directions of dispossession in Appeal No.A/2452/07 dated 06.08.2008 as a quasi-judicial /administrtive authority as illegal, arbitrary, capricious and violation of principles of natural justice and consequentilly declare that quasi-judicial authority / administrative authority has no power to cancel pattas granted in favour of the petitioners after a long lapse of time even in the absence of any period of limitation for such exercise is arbitrary, illegal and opposed to the concept of rule of law and consequentially direct the respondents not to dispossess the petitioners from their patta lands of petitioners No.1 survey No.886/17 Extent of Ac.0.33,[2] S.No.886/19 of an Extent of Ac.0.23, [3] 886/26 of an Extent of Ac.1.01 [4] S.No.886/17, of an Extent of Ac.0.33, [5] S.No.886/22 Extent of Ac.1.30 [6] S.No.886/30 of an extent of Ac.1.01 [7] S.No.886/4 Extent of Ac.2.00 [8] S.No.886/25/A of an Extent of Ac.0.18 [9] S.No.886/16/A of an Extent of Ac.0.32 [10] S.No.886/18/B Extent of Ac.0.36 [11] S.No.886/36/B Extent of Ac.0.38 [12] S.No. 886/27 of an Extent of Ac.1.08 [13] S.No.886/24 of an Extent of Ac.0.36 [14] S.No.886/21/A of an Extent of Ac.0.36 [15] S.No.886/6 extent of Ac.1.17 [16] S.No.886/3 of an Extent of Ac.1.00 [17] S.No.886/29 of an Extent of Ac.0.36 [18] S.No.886/32 extent of Ac.1.00 [19] S.No.886/33 extent of Ac.0.32 [20] S.No.886/23 extent of Ac.0.38 [21] S.No.886/31 extent of Ac.0.38 [22] S.No.886/16 of an extent of Ac.0.21 [23] S.No.886/18 of an extent of Ac.0.23 respectively, pending the writ petition and pass Counsel for the Petitioners: MR.RAVI SHANKAR JANDHYALA Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.20137 of 2008 Order: The petitioners claim to be landless poor. It is their case that they were assigned lands in question in the year 1974 and pattas were also issued in their favour, and since then, they have been cultivating the same. While so, based on the report of the Mandal Revenue Inspector that the petitioners are not cultivating the lands, the Tahasildar, Gadwal, the ﬁrst respondent, issued a show cause notice, dated 26.09.2007, to resume the lands as well as to cancel the pattas. Pursuant thereto, the petitioners got issued a reply requesting the ﬁrst respondent to drop the proceedings as they are still cultivating the lands as pattedars and possessors. However, the ﬁrst respondent, without considering their request, passed resumption orders on 05.10.2007. Aggrieved thereby, the petitioners preferred an appeal before the Revenue Divisional Oﬃcer, the second respondent. However, the second respondent has not passed any orders so far either on the appeal or in the stay application and in the meanwhile, the ﬁrst respondent is trying to dispossess the petitioners. Hence, the present writ petition. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents and at their request the writ petition is taken up for final disposal at the admission stage. Admittedly, the appeal preferred by the petitioners against the orders of the ﬁrst respondent, dated 05.10.2007, is pending before the second respondent. If the order of the ﬁrst respondent is not stayed during the pendency of the appeal, the whole cause will become infructuous. In the circumstances, the writ petition is disposed of directing the second respondent, namely, the Revenue Divisional Oﬃcer, Gadwal, Mahabubnagar District, to pass appropriate orders either on the appeal or in the stay application preferred by the petitioners expeditiously and till such time, status quo obtaining as today shall be maintained. No costs. ___________________ N.V. RAMANA, J. Date: 16.09.2008 VGB