IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 21025 of 2004 Between: Tama Nagulu, S/o Rajalu, R/o Pakala Gudem, Mulagalam Pally, Jeelugumilli Mandal, West Godavari District ..... PETITIONER AND The Mandal Revenue Officer, Jeelugumilli Mandal, West Godavari District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the in action of the respondent not considering the application filed by the petitioner dated 10-08-2004 as illegal and amounting to not exercising the jurisdiction vested in him and consequently direct the respondent to issue Pattas in favour of the eligible tribals including the petitioner as per order of the special Deputy Collector (T.W.) K.R.Puram dated 22-07-2004 in S.R.No.22/1999. Counsel for the Petitioner:MR.V.RAGHU Counsel for the Respondent: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21025 of 2004 ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Writ of Mandamus to declare the inaction of the respondent in considering the application, dated 10.08.2004, filed by the petitioner for grant of patta. By proceedings, dated 22.07.2004, the Special Deputy Collector (Tribal Welfare), K.R.Puram passed an order restoring certain lands from the hands of the non-tribals. Having come to know about the same, the petitioner, who is an eligible tribal, filed an application for grant of assignment of a part of the said land. The grievance of the petitioner is that despite the said application having been received by the respondent, no order has been passed in his favour granting assignment. The respondent filed a counter affidavit. Learned Assistant Government Pleader for Social Welfare submitted that against the order of the Special Deputy Collector (Tribal Welfare) restoring the land, the aggrieved parties (non-tribals) filed an appeal SRA.No.17 of 2004 before the Agent to the Government and obtained interim stay of their dispossession. He further stated that the said appeal is pending and that in view of the same, the respondent is disabled to consider the petitioner’s application for assignment of a part of the said land. Inasmuch as the fact that the appeal is pending and an interim order in favour of the appellants is passed is not disputed by the learned counsel for the petitioner, the respondent cannot be found fault with in not disposing of the petitioner’s application for assignment. The writ petition is, therefore, disposed of with a direction to the respondent to consider the petitioner’s application for assignment of a part of the said land immediately after disposal of SRA No.17 of 2004 pending before the Agent to the Government. As a sequel to disposal of the writ petition, WPMP No.27538 of 2004 filed by the petitioner for interim relief is disposed of. ________________________ C.V.NAGARJUNA REDDY,J 9th June, 2008 v v To 1.The Mandal Revenue Officer, Jeelugumilli Mandal, West Godavari District 2.2CCs to 3.2CD copies