IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18455 of 2008 Between: 1 Smt B.Bhagayamma W/o.B.R Chalapathi Vardi Kuppam(V) Chaldiganipalli Post Ramakuppam(M) Chittoor District 2 B.R Chalapathi S/o.Ramakrishnaiah Vardi Kuppam(V) Chaldiganipalli Post Ramakuppam(M) Chittoor District ..... PETITIONER(S) AND 1 The Govt of Andhra Pradesh rep.by its Principal Secretary Revenue Dept Secretariat Hyderabad-4 2 The District Collector Chittoor District Chittoor 3 The Revenue Divisional Officer Madanapalle Chittoor District 4 The Mandal Revenue Officer V.Kota(M) Chittoor District 5 Sri Y.Krishna Reddy S/o.Yerram Reddy Vardi Kuppam(V) Chaldiganipalli Post Ramakuppam(M) Chittoor District .....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 issue a writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in granting stay vide proc Roc No.B1/1175/2007 dt.09-05-2007 the appeal preferred by the 5th respondent who is no way connected the land in sy No.304/3 (0.22) 304/11 (1.68) and 304/12(0.69) total extent Ac 2.59 cents of dry land situated at V.Kota (M) Chittoor District in which patta granted in favour 1st petitioner on 20-10-2006 by the 4th respondent as land less poor person is illegal arbitrary unjust and in violation of Articles 14 and 16 of constitution of India and after perusing the same seaside the Proc Roc No.B1/1175/2007 dt.09-05-2007 passed by the 3rd respondent and consequently direct the respondents not to interfere with peaceful possession and enjoyment of petitioners land as otherwise petitioners and their family will suﬀer serious loss and great hardship and pass Counsel for the Petitioner: MR.CHALLASIVASANKAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: The case of the 1st petitioner is that she is in possession and enjoyment of the land to an extent of Acs.2-59cents of dry land in Sy.No.304/3, 304/11 and 304/12 situated in V.Kota Mandal of Chittoor District, and a patta was also granted in her favour on 20-10- 2006. Her grievance is that 5th respondent, who is in no way connected with the said land, preferred an appeal before 3rd respondent and the 3rd respondent, without verifying the records and conducting any enquiry, vide his proceedings ROC.No.B1/1175/2007 dated 09-05-2007 stayed the assignment made vide A.M.No.83/4/1416 dated 26-10-2006 and directed the Tahsildar, V.Kota to send all the connected records immediately. The grievance of the 1st petitioner is that even though the records were received by him, the 3rd respondent is not passing any ﬁnal orders in the appeal ﬁled by the 5th respondent as a result of which she is not able to enjoy the beneﬁt of patta granted in her favour and the 5th respondent is trying to interfere with her peaceful possession and enjoyment of the land. 2. Heard the learned counsel for petitioners and the learned Government Pleader for Revenue and at their request the writ petition is taken up for ﬁnal disposal at the admission stage itself. 3. Even according to the 1st petitioner the appeal filed by the 5th respondent is still pending before the 3rd respondent. Therefore, without going into the merits of the matter, I consider it appropriate to direct the 3rd respondent to pass appropriate orders in the appeal ﬁled by the 5th respondent in the light of the recommendations/report submitted by the Tahsildar after giving opportunity of being heard to both sides as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this order. 4. With the above observation, the writ petition is disposed of. No order as to costs. --------------------- N.V.RAMANA, J. 26th August 2008 CVRK Note: office to issue copy within two weeks. B/o cvrk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies