IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22402 of 2008 Between: 1 Kondapalli Kondala Rao S/o.Late Chintayya R/o.Jeelugumilli village & mandal West Godavari District 2 Kondapalli Durga Rao S/o.Late Chintayya R/o.Jeelugumilli village & mandal West Godavari District 3 Kondapalli Krishna S/o. Late Chaitanya R/o.Jeelugumilli village & mandal West Godavari District 4 Kondapalli Rama Swamy S/o. Late Chaitanya R/o.Jeelugumilli village & mandal West Godavari District 5 Kondapalli Venkateswara RAo S/o.Late Chintayya R/o.Jeelugumilli village & mandal West Godavari District ..... PETITIONER(S) AND 1 Agent to the Government -cum-District Collector West Godavari District at Eluru 2 The Special Deputy Collector, Tribal Welfare Polavaram, West Godavari District 3 The Special Deputy Tahsildar, Tribal Welfare Polavaram, West Godavari District 4 The Tahsildar,Jeelugumilli Mandal, West 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not granting stay order on the petitoners petition in pending appeal SRA.No.11/2007(F2) ﬂed against an order in SR.No.494 and 495/2001 from the proceedings of 2nd respondent as illegal,irregular arbitrary, violative of the provisions of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 and oﬀends articles 14,21 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their land of Ac.3.70 cents covered by RS.No.89/4 of Jeelugumilli village, pending ﬁnalization of the appeal before the 1st respondent and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 22402 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are four in number assailing the inaction of the 1st respondent in passing orders on the stay application ﬁled by them pending disposal S.R.A.No. 11 of 2007 (F-2). 2. Petitioners claim to be the owners and possessors of Ac.3-70 cents promising 89/4 of Jeelugumilli village. Proceedings have been initiated against them alleging that their possession in respect of Survey No. 89/4 admeasuring Ac.3-70 cents is in violation of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970. The primary authority conducted enquiry and found that the possession of the petitioners over the land in question is in the contravention of provisions of A.P. Scheduled Areas Land Transfers Regulation 1 of 1959 as amended by Regulation 1 of 1970. The petitioners ﬁled appeal before the Agent to the Government District Collector, West Godavari Districvt-1 st respondent. They also moved stay application pending the disposal of the appeal. There being no action on the said application, the petitioners approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission learned Government Pleader for Social Welfare takes notice on behalf of the respondents 1 to 4. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for respondents 1 to 4. 5. The factual aspect of petitioners ﬁling the appeal before the 1st respondent assailing the orders passed by the primary authority is not in dispute. 6. In that view of the matter, this writ petition is disposed of directing the 1st respondent to consider the appeal/stay application of 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 appeal or stay application, whichever is earlier. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 15th October, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 22402 OF 2008 15th October, 2008.