IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.33017 of 2011 BETWEEN Veeravalli Nageswara Rao. ... PETITIONER AND The District Collector, Eluru, West Godavari District and two others. ...RESPONDENTS Counsel for the Petitioner: MR. MEHARCHAND NOORI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: ORDER: Heard the learned counsel for the petitioner and learned Government Pleader for Revenue. 2. An order was passed against the petitioner under Section 6 of the Andhra Pradesh Land Encroachment Act, which was straight away questioned by the writ petitioner in WP.No.28698 of 2008 before this Court. Since appellate remedy is available against the said order, this Court by order dated 26.07.2011 relegated the petitioner to the appellate remedy and to enable the petitioner to avail such remedy, status quo for a period of two months was granted. Petitioner has thereafter filed an appeal on 27.08.2011 along with an application for stay and the said appeal together with stay petition is said to be pending before the District Collector, West Godavari District at Eluru. Petitioner has now filed the present writ petition contending that neither the appeal nor the stay petition is heard and in the meawhile, he is being threatened with dispossession of the land. 3. Learned Government Pleader for Revenue fairly submits that to the extent of disposal of stay petition by the appellate authority there shall be no difficulty. 4. In view of the above, instead of entertaining this writ petition it is disposed of with the following direction. “The first respondent – District Collector shall consider the appeal and/or application for stay filed by the petitioner against the order of the Tahsildar, Tallapudi dated 26.12.2008 and even if the disposal of appeal requires some more time, at least pass appropriate order in accordance with law on the application for stay within one week from the date of receipt of a copy of this order. Since the petitioner seriously apprehends threat of dispossession, status quo, as on today, shall be maintained for a period of two (2) weeks.” There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 15, 2011 Note: Furnish C.C. of the order by 17.12.2011. (B/o) DSK