IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 10306 of 2008 Between: 1 P.Divakar Reddy, S/o. Mohan REddy R/o. H.No. 9-3-35, Koonavaram Road, Bhadrachalam, Khamma District - 507 111. 2 Busireddy Shankar Reddy S/o. Sitharama Reddy R/o. H.No. 4-1-54, Bridge Road, near Indira Gandhi Statue, Bhadrachalam, Khammam District - 507 111. ..... PETITIONERS AND 1 The Additional Agent to Govt. of A.P./ Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 2 The Agency Divisional officer & Sub -Collector, Bhadrachalam - 507 111, Khammam District. 3 The Tahasildar, Bhadrachalam mandalam, Khammam Dist. – 507 111. 4 Buddula Tirupathi Rao Dora, State Secretary, A.P. Adivasi Chaitanya Samithi, ( Regd. No. 7794/2001), Allluri Seetharamaraju Colony, Bhadrachalam -507 111. Khammam Dist. .....RESPONDENTS 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 a writ or order , more particularly one in the nature of Writ of Mandamus declaring the inaction of the 1st respondent in not passing order sin my I.A. in LTR Appeal preferred against the Orders of 2nd respondent in LTR Case No. 2/BCM/2008, dt.01/03/2008, as illegal, arbitrary and violative of Principles of natural justice, and consequently to direct the 1st respondent to consider and pass orders in my LTR Appeal. Counsel for the Petitioner : Sri C.H.Purnachandra Rao Counsel for Respondent Nos.1 to 3: GP for Social Welfare The Court made the following O R D E R: Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. The Agency Divisional Officer, Bhadrachalam passed orders in his proceedings in L.T.R. Case No.2/BCM/2008 against the writ petitioner herein on 01.03.2008 ordering their ejectment from out of the land of an extent of Ac.1.25 cents in Survey No. 133/5P, Bhadrachalam Village, Khammam District. It is not in dispute that against this order of the Agency Divisional Officer, an appeal is provided to the Additional Agent to the Government, Bhadrachalam, Khammam District under Section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959. The writ petitioners have asserted that such an appeal had been preferred on 24.04.2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Agency Divisional Officer dated 01.03.2008, but the 1st respondent did not choose to pass orders either on the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the 1st respondent, it is only expected that it will be attended to at the earliest convenient time. If the appeal itself cannot be decided, the interlocutory application moved by the parties seeking urgent interim orders could be attended to in the meantime. In these set of circumstances, I consider it appropriate to direct the 1st respondent to entertain, hear and decide the appeal preferred against the orders of the Agency Divisional Officer, Bhadrachalam dated 01.03.2008 within three months from the date of receipt of a copy of this order. Till such time, the status quo existing as of now with regard to possession be maintained. It is, however, open to the 1st respondent to independently consider the interlocutory application moved by the writ petitioners herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 2nd May 2008 Note: Issue CC in three days. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}