IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15034 of 2008 Between: 1 Marre Nookalamma W/o. Rajababu R/o. Nimmalapalem Village, Addateegala Mandal, E.G. District. 2 Lotha Jaggayamma W/o. Abbireddy R/o. Goragommi Village, Gangavaram Mandal, E.G. District. ..... PETITIONER(S) AND 1 The Additional Agent to the Government, Rampachodavaram, East Godavari District. 2 The Special Deputy Collector (T.W.), Rampachodavaram, East Godavari District. 3 The Mandal Revenue Officer, Addateegala Mandal, East Godavari District. 4 Chekka Satyanarayana S/o. Kondalarao R/o. Nimmalapalem Village, Addateegala Mandal, E.G. 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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in evicting the petitioners from their lands to an extent of Hec.4-92.5 cents in R.S.No.1/2 and Hec.4.24 in R.S.No.2 of Nimmalapalem Village, Addateegala Mandal, East Godavari District in pursuance of the order passed by the 2nd respondent in LTRP No.45/2007, dt. 22.02.2008 pending disposal of the appeal filed before the 1st respondent as illegal, arbitrry and nujust and consequently direct the respondents not to evict the petitioners from the bavoe mentioned lands pending disposal of the appeal in the interest of Justice and to pass Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15034 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are two in number with a prayer to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in evicting the petitioners from the lands in their occupation pending disposal of the appeal filed by them before the Additional Agent to Government, Rampachodavaram-1st Respondent as illegal and arbitrary. 2. The petitioners claimed to be the owners and possessors of land admeasuring Hec. 4-92.5 in R.S.NO.1/2 and Hec. 4-24 in R.S.NO.2 of Nimmalapalem village, Addateegala Mandal, East Godavari District. The lands originally belonged to their mother P. Appala Sanyasamma who executed a Will dated 13-7-1995 in favour of the petitioners. The said Pappala Sanyasamma died on 15-9-2000. By virtue of the Will, the petitioners came into possession of the land and they have been cultivating the same since then. Proceedings have been initiated by Special Deputy Collector, Tribal Welfare, Rampachodavaram-2nd Respondent at the instance of Chekka Satyanarayana-4th Respondent on the ground that their possession is in contravention of A.P. (Scheduled Area) Land Transfer Regulation, 1959 as amended by Regulation 1/1970. The 2nd Respondent, on enquiry, ordered for ejectment of the petitioners. The petitioners challenged the order passed by the 2nd Respondent by filing an appeal as provided under A.P. (Scheduled Areas) Land Transfer Regulation 1/1959 as amended by Regulation 1/1970 before the Additional Agent to the Government –1st respondent. Pending the appeal, the Mandal Revenue Officer-3rd respondent is taking steps to eject the petitioners from the land in their occupation. Hence, this writ petition. 3. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for Respondents No.1 to 3. 4. The fact of the pendency of the appeal filed by the petitioners before the appellate authority is not in dispute. They also moved stay application before the appellate authority with a prayer to suspend the order of ejectment passed by the Primary Authority. 5. In that view of the matter, the writ petition is disposed of directing the authorities to maintain status quo with regard to the possession of the lands in question pending disposal of the appeal or till the interlocutory application filed by the petitioners, whichever is earlier. No order as to costs. ______________________________ Justice B.Seshasayana Reddy 14th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15034 OF 2008 14th July, 2008.