IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16371 of 2008 Between: 1 Kante Trinadha Rao S/o. Late Govinda Rao R/o. Samarlakota Village & Mandal, East Godavari District. 2 Kante Ranga Rao S/o. Late Govinda Rao R/o. Samarlakota Village & Mandal, East Godavari District. 3 Kante Rama Rao S/o. Late Govindu R/o. Samarlakota Village & Mandal, East Godavari District. 4 Kante Jagadish Mohana Rao S/o. Late Laxmana Rao R/o. Samarlakota Village & Mandal, East Godavari District. 5 Kante Suryanarayana S/o. Late Subba Rao R/o. Samarlakota Village & Mandal, East Godavari District. ..... PETITIONER(S) AND 1 The Additional Agent to the Government, Ramapachodavaram, East Godavari District. 2 The Special Deputy Collector (TW) Ramapachodavaram, East Godavari District. 3 The Tahsildar, Addateegala Mandal, E.G. District. 4 Lotha Varalaxmi, R/o. Timmapuram Village, Lothavari Street, Addateegala Mandal, East Godavari District. 5 Paina Ranga Rao R/o. Timmapuram Village, Addateegala Mandal, East Godavari 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 issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in seeking to evict the petitioners from their lands to an extent of Hec.65-94 cents in R.S.Nos.97, 98, 106, 107/1, 107/2, 111 and 112/5 situated at Timmapuram Village, Addateegala Mandal, East Godavari District in pursuance of the order passed by the 2nd respondent in LRTP No.86/2007, dt. 06.05.2008 pending disposal of the appeal filed before the 1st respondent as illegal, arbitrary and unjust and consequently direct the respondents not to evict the petitioners from the above 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. 16371 OF 2008 ORDER: 1. This writ petition has been filed by the petitioner who are five in number, assailing the inaction of the Additional Agent to the Government, Rampachodavaram, East Godavari District-1st respondent on the application moved by them seeking interim stay of the order passed by the Special Deputy Collector (T.W.), Rampachodavaram, East Godavari District—2nd Respondent in LTRP No. 86 of 2007, dated 6-5-2008. It is the contention of the petitioners that 4th Respondent without impleading them as parties initiated proceedings before the Special Deputy Collector, East Godavar, for eviction. According to the petitioners, they are in possession of the lands in question and their possession is not in contravention of the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1/1959 as amended by Regulation 1/1970. There being no action on the application filed by them seeking interim stay, they approach this Court by invoking jurisdiction under Article 226 of the Constitution of India. 2. When the writ petition came up for admission, learned Government Pleader for Social Welfare received 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 the Respondents No.1 to 3. 4. The factual aspect of the petitioners filing the appeal before the Additional Agent to the Government Rampachodaaram-1st respondent is not in dispute. They also moved application before the appellate authority seeking interim stay of the order dated 6-5-2008 passed by the primary authority. 5. In that view of the matter, the writ petition is disposed of directing the Additional Agent to Government-1st respondent to consider the stay application filed by the petitioners and pass appropriate orders. There shall be status quo existing as on this day with regard to the possession of the land in dispute till the disposal of the stay application or the appeal filed by the petitioners, whichever is earlier. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 29th July, 2008. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16371 OF 2008 29th July, 2008.