IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15966 of 2008 Between: 1 Pothuganti Brahmam S/o.Rajaiah Gowraram Village, Dummugudem Mandal, Khammam District. 2 Nalla Sanjeeva Reddy S/o.Rosi Reddy Gowraram Village, Dummugudem Mandal, Khammam District. ..... PETITIONER(S) AND 1 The Agency Divisional Officer, Bhadrachalam, Khammam District. 2 The Additional Agent to the Government, (Project Officer, ITDA), Bhadrachalam, Khammam District. 3 The Government of Andhra Pradesh, rep. by its Tahsildar, Mandal Revenue Office, Dummugudem Mandal, Khammam District. 4 Syamala Kannapu Raju S/o.Ramaiah R/o.Gowararam Village, Dummugudem Mandal, Khammam 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 in the nature of Mandamus, declaring the action of the Respondents in interfering with the possession and enjoyment of the lands of the petitioners situated in Sy.No. 52/1A to an extent of Acres 0-04 cents each out of Acres 0.79 cents situated at Gowararam Village of Dummugudem Mandal, Khammam District in spite of filing Appeal before the 2nd respondent in C.M.A.No.20/2008 and inspite of obtaining interim stay of the orders of the primary authority i.e., first respondent in I.A.No.22 of 2008 dated 18.3.2008 and though the matter is reserved for Judgment on 17.5.2008 as arbitrary, illegal and violative of Article 14, 21 and 300(A) of the Constitution of India and consequentially declare that the Writ Petitioners are entitled to continue in possession and enjoyment of the lands pending disposal of the statutory Appeal before the 2nd respondent and to pass such other order or orders. Counsel for the Petitioner:MR.P.V.RAMANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15966 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are two in number assailing the action of the Additional Agent to Government-2nd Respondent in not extending the interim orders in I.A.No. 22 of 2008 in C.M.A.NO. 20 of 2008. 2. When the writ petition came up for admission, learned Government for Social Welfare takes notice on behalf of the respondents 1 to 3. 3. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for respondents 1 to 3. 4. The grievance of the petitioners is that the 2nd Respondent having granted interim stay for limited period has not extended interim stay and instead reserved the C.M.A. for judgment. There is every likelihood of the primary authority executing the order of ejectment taking advantage of the non-extension of the interim order. 5. In that view of the matter, the order passed by the primary authority in Case No. 73/DGM/2007 shall be kept in suspension pending disposal of C.M.A.20 of 2008 on the file of the Additional Agent to the Government (Project Officer, ITDA), Bhadrachalam-2nd Respondent. 6. Accordingly, this writ petition is disposed of. No order as to costs. _______________________________ Justice B.Seshasayana Reddy, 24th July, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15966 OF 2008 24th July, 2008