IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25114 of 2008 Between: Morampudi Venkateswara Rao S/o. Late China Ramaiah, R/o. Asannagudem Village of Nagupalli H/o. Dammapeta mandal, Khammam District. ..... PETITIONER AND 1 The Additional Agent to Government & Project Officer, I.T.D.A. Bhadrachalam, Khammam District. 2 The Special Deputy Collector, Tribal Welfare, Bhadrachalam, Khammam District. 3 The Tahsildar, Dammapeta 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 may be pleased to issue a writ or direction preferably writ of Mandamus declaring the action of the 1st Respondent in not passing appropriate orders either on the stay petition or on the appeal vide IA No. 46/08 in CMA 36/08 against the Order of 2nd respondent dt. 28-10-2005 in LTR No. Case No. 359/2005/DPT as illegal, arbitrary and violative of principles of natural justice and consequently direct the 1st respondent to consider and dispose of the stay petition or the appeal itself within a reasonable time and further direct the respondents or their subordinate staﬀ not to dispossess me from possession and enjoyment of the property in Sy.No. 1272 measuring an extent of Acs 6-00 gts situated at Nagupalli Village, Dammapeta Mandal, of Khammam District pending disposal of the appeal on the file of the 1st respondent. Counsel for the Petitioner: MR.K.R.SRINIVAS Counsel for the Respondent Nos.1 to 3: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: This writ petition has been ﬁled by M.Venkateswara Rao assailing the action of the Additional Agent to Government and Project Oﬃcer, I.T.D.A., Bhadrachalam, Khammam District-1 st respondent in not passing any orders either on the stay application or in the appeal ﬁled by the petitioner vide I.A.No.46 of 2008 and C.M.A.No.36 of 2008. 2. The petitioner claims that he is the absolute owner and possessor of land admeasuring Ac.6.00 cents comprising Survey No.1272 situated at Nagupalli village, Dammapeta Mandal, Khammam District. Proceedings vide L.T.R.Case No.359 of 2005/DPT have been initiated against one Narukulla Dharmaiah on the ground that his possession is in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970. The Special Deputy Collector (T.W.), Bhadrachalam-2 nd respondent, conducted enquiry and found the possession of the said Dharmaiah is in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970 and thereby ordered for ejectment, by order dated 28.10.2005. It is the contention of the petitioner that the said Dharmaiah is in no way concerned with the land in his possession. He ﬁled an appeal before the 1st respondent assailing the order of ejectment passed by the 2nd respondent. His appeal and the stay petition are stated to be pending. Apprehending dispossession pending the appeal, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of the respondents. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents. 5. The factual aspect of the petitioner ﬁling an appeal vide CMA No.36 of 2008 assailing the order of ejectment, dated 28.10.2005 passed by the 2nd respondent is not controverted by the learned Government Pleader for Social Welfare appearing for the respondents. 6. Accordingly, the Writ Petition is disposed of at the admission stage directing the Additional Agent to Government and Project Oﬃcer, I.T.D.A., Bhadrachalam, Khammam District- 1st respondent to consider the appeal being CMA No.36 of 2008 ﬁled by the petitioner and pass appropriate orders. There shall b e status quo existing as on this day till the disposal of the appeal or the stay application, whichever is earlier. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:14th November, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}