THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26358 of 2010 Date: 25.11.2010 Between: P.Laxman Rao ..... Petitioner AND The Tahsildar, Mandal Revenue Office, Charla Mandal, Khammam District .....Respondent Counsel for the Petitioner: Sri Ch.Satish Kumar Counsel for Respondent: AGP for Revenue The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondent in seeking to dispossess the petitioner from the land admeasuring Ac.0.05 cents in Survey No.148/3 of Charla Village and Mandal, Khammam District, without following due process of law, as illegal and arbitrary. At the hearing, Sri Ch.Satish Kumar, learned counsel for the petitioner, stated that his client has filed an appeal against the order of eviction passed by the respondent under Section 6 of the A.P.Land Encroachment Act, 1905, along with an application for stay and that the appellate authority has not disposed of the stay application so far. Inasmuch this writ petition is founded on the premise that no order has been passed and it has come out that a final order has already been passed and even an appeal is filed against the same, the cause in this writ petition does not survive for adjudication. The writ petition is accordingly disposed of as infructuous. To enable the petitioner to pursue his remedy before the appellate authority, the respondent is directed not to evict the petitioner for a period of one month. As a sequel to disposal of the writ petition, the interim order, dated 26.10.2010, is vacated and W.P.M.P.No.33665 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dt.25.11.2010 VGB