IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23754 of 2008 Between: 1 Kadiyam Chakram S/o. Narayana Murthy R/o. Pidatamamidi Village, Gangavaram Mandal, East Godavari District. 2 Senapathi Ramarao S/o. Veeranna R/o. Pidatamamidi Village, Gangavaram Mandal, East Godavari District. ..... PETITIONER(S) AND 1 The Addl. Agent to the Govt., E.G. District at Rampachodavaram. 2 The Special Deputy Collector (T.W.), Rampachodavaram, E.G. District. 3 The Mandal Revenue Officer, Gangavaram, E.G. District. 4 Parada Jogamma W/o. Sriramulu R/o. Gangavaram Village and Mandal, East Godavari District. 5 The Govt. of A.P., rep. by its Prl. Secretary, Social Welfare Department, Secretariat at Hyderabad. .....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 an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in dispossessing the petitioners from the land to an extent of Ac.7.05 cents situated in Sy.No.53 of Pidatamamidi Village, Gangavaram Mandal, East Godavari District in pursuance of the order passed by the 1st respondent in CMA No.106/2005, dt. 11.07.2008 as illegal, arbitrary, and unjust and consequently direct the respondents not to dispossess the petitioners from the above mentioned land pending disposal of the revision before the 5th respondent 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. 23754 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are two in number assailing the action of the Mandal Revenue Officer-3rd respondent in trying to dispossess them from the land in their occupation pending revision before the Govt. of A.P. rep. by its Principal Secretary-5th respondent. 2. The petitioners herein claim to be the owners and possessors of an extent of Ac.3-50 cents of land situated in Sy.No. 53 of Pidatamamidi village, Gangavaram Mandal, East Godavari District having purchased the same from Settlement Pattadar Y. Narasimha Murthy in the year 1965. Proceedings have been initiated against the petitioners under the provisions of A.P. Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 on the ground that their possession is in contravention of A.P. 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 is in contravention of the provisions of A.P. Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970. The petitioners ﬁled an appeal being C.M.A.No. 106 of 2005 before the Additional agent to the Government, East Godavari District-1st respondent. The appellate authority by an order dated 11-7- 2008 dismissed the appeal. Thereupon the petitioners ﬁled revision as provided under Section 6 of the A.P. Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970. Pending Revision, the Mandal Revenue Officer-3rd respondent is contemplating to dispossess them. Hence, this writ petition. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare takes notice on behalf of the respondents 1 to 3 and 5. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for the respondents 1 to 3 and 5. 5. The factual aspect of petitioners ﬁling revision before the 5th respondent is not controverted by the respondents. 6. In that view of the matter, this writ petition is disposed of directing the 5th respondent to consider the revision 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 revision or the stay application, which ever is earlier. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 31st October, 2008. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 23754 OF 2008 31st October, 2008.