IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16596 of 2008 Between: Thangirala Venkata Reddy, S/o Kolla reddy R/o House No. 6-175 Ayyagaripeta, Sathupalli, Khammam District. ..... PETITIONER AND 1 The District Collector, Khammam, Khammam District. 2 The Revenue Divisional Officer, Khammam, Khammam district. 3 The Tahsildar, Sathupalli Mandal, Khammam 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in initiating the proceedings Rc. No. B-505/4/2005 dt 18-7-2008 by the 3rd respondent evicting the petitioner from the land admeasuring 291 sq. yards in Survey No. 173/1/5 of Ayyagaripeta, Sathupalli along with tiled house therein and also the action of the 2nd respondent in not granting stay of eviction pending appeal filed against the proceedings dt 18-7-2008 of 3rd respondent is illegal, arbitrary, erroneous, highhanded and vioaltive of the principles of natural justice and consequently direct the respondents not to evict the petitioner from the land and tiled house situated in 291 sq. yards of site in survey No. 173/1/5, Ayyagaripeta, Sathupalli and pass such other order or orders. Counsel for the Petitioner:MR.Y.V.RAVI PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed by the petitioner seeking a direction to the Respondents not to evict him from the land and tiled house situated in 291 square yards of site in Sy.No.173/1/5, Ayyagaripeta, Sathupalli. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. It is the case of the petitioner that he purchased the subject matter of property from one Y.Yogananda Murthy on 5.7.2000 under a registered sale deed and since then he is in possession and enjoyment of the said property. While the matters stood thus, the 3rd respondent issued a notice to him under Section 7 of the A.P.Land Encroachment Act, 1905(for short ‘the Act’) on 23.12.2005 to which he submitted his explanation on 4.1.2006. Thereafter no orders were passed. Suddenly after a lapse of nearly 18 months, on 17.7.2008, the 3rd respondent has issued a notice under Section 6 of the Act directing him to vacate the tiled house and the appurtenant site forthwith and immediately on 18.7.2008 issued eviction order. Aggrieved by the said orders, the petitioner preferred an appeal before the 2nd respondent – Revenue Divisional Officer, Khammam along with a stay application. The grievance of the petitioner is that even though an application seeking stay of eviction is filed before the 2nd respondent, no orders are passed on the said application so far. Hence this writ petition. Since the petitioner has already filed an appeal before the 2nd respondent Revenue Divisional Officer against the orders of the 3rd respondent Tahsildar and the same is entertained, it is submitted by the learned Government Pleader for Revenue that the appellate authority may be directed to pass appropriate orders in the appeal, for which the learned counsel for the petitioner also agreed. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the 2nd respondent – Revenue Divisional Officer, Khammam to pass appropriate orders either in the appeal or on the stay application filed by the petitioner expeditiously and till then status quo obtaining as on date shall be maintained. N.V.RAMANA,J Dt.31.7.2008 msv Note: Furnish CC by tomorrow. B/O msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Khammam, Khammam District. 2 The Revenue Divisional Officer, Khammam, Khammam district. 3 The Tahsildar, Sathupalli Mandal, Khammam District. 4 2 CCs Govt.Pleader for Revenue, High Court of A.P. Hyd. 5 2CD copies