IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8868 of 2004 Between: 1 Malepati Sriramulu, S/o. Muniappa, Kummari by Caste, R/o. D.No. 4/2, Kummariveedi, Krishnanagar, Madanapalle, Chittoor District. 2 Malepati Bhaskar, S/o. Sreeramulu, Kummari by caste, R/o. D.No. 4/2, Kummariveedi, Krishnanagar, Madanapalle, Chittoor District. ..... PETITIONER(S) AND 1 The Government of A.P. rep by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Joint Collector, Chittoor. 3 The Sub-Collector, Madanapalle. 4 The Mandal Revenue Officer, Madanapalle, Chittoor District. 5 Sri Ponna Sahadeva, S/o. Nagaiah, D.No. 17/70, Bandakapalle, Vempalle Village, and Post, Madanapall Mandal, Chittoor 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 a direction or an order, or a writ more particularly one in the nature of writ of Mandamus, declaring the in action of the 1st respondent in not passing any interim order in the stay application filed along with the main appeal under Proceedings C.No. 9957/ASSN 4(2)/04-1, dt. 3-4-2004, as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent to pass appropriate orders in Proceedings C.No. 9957/ASSN 4(2)/04-1, dt. 3-4-2004, pending before the 1st respondent. Counsel for the Petitioners: MR.I.NAVEEN KUMAR, Advocate Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court at the admission stage made the following Order: THE HON'BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO. 8868 OF 2004 ORDER: The present writ petition is filed questioning the action of the first respondent in not passing any interim order in the stay application filed along with the main appeal before him under proceedings dated 3-4- 2004. It is stated in the affidavit filed in support of the writ petition that a patta was granted to the father of the petitioner in the year 1979 and that the 5th respondent by coercion and fraud got a sale deed executed in his favour and got an order in his favour from the 4th respondent for purchasing of the property in dispute for market value. The said order passed by the 4th respondent is stated to be unsuccessfully challenged by the petitioners before 3rd and 2nd respondents respectively. It is further stated that against the order of the 2nd respondent, the petitioner filed an appeal before the 1st respondent on 03-04-2004 together with an interim stay petition. However, no interim orders were passed by the first respondent. The petitioner complain that, in the absence of grant of interim orders by the first respondent, the 5th respondent has forcibly took over the possession of certain portion of the property and trying to dispossess the petitioner. Hence, the present writ petition. Heard learned counsel for petitioner and learned Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition with a direction to the first respondent to pass orders in the interim stay petition expeditiously. In the circumstances, the writ petition is disposed of directing the first respondent to pass appropriate orders on the Interim Stay Petition filed along with the appeal dated 3-4-2004 as expeditiously as possible, preferably within a period of two weeks from today, in accordance with law. 15th June, 2004 ys ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Copy to: 1 The Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Joint Collector, Chittoor. 3 The Sub-Collector, Madanapalle. 4 The Mandal Revenue Officer, Madanapalle, Chittoor District. 5 Two C.Cs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT) 6. Two C.D Copies.