IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12679 of 2008 Between: 1. Seelam Satyanarayana S/o.Hanumaiah R/o.H.Nos.8-2-350 & 8-2-351 Bandarigudem,Manuguru Mandal, Khammam District 2 Seelam Bharathamma W/o.Satyanarayana R/o.H.Nos.8-2-350 & 8-2-351 Bandarigudem,Manuguru Mandal, Khammam District ..... PETITIONER(S) AND 1 The Addl.Agent to Government-cum-Project Officer Integrated Tribal Development Agency, (ITDA) at Bhadrachalam, Khammam District 2 The Spl.Dy.Collector (TW), Bhadrachalam Khammam District 3 The Tahsildar, Manuguru , Manuguru Taluq, Khammam District 4 Bandaru Chinna Venkaiah s/o.Thirumalaiah R/o.Pilot Colony Road, Bandarugudem Manuguru Mandal, Khammam District 5 Bandaru Nageswar Rao S/o.chinnabbai R/o. Bandarugudem Manuguru Mandal, Khammam 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 an appropriate writ order or direction particularly one in the nature of mandamus declaring the inaction of the respondents 1 to 3 herein in not granting stay of the operation of the order dated 30.11.1987 in LTR.Case No.101/MGR/87 of the 2nd respondent herein received by the petitioners on 10.5.2008 from the office of 3rd respondent herein as illegal, arbitrary, unreasonable contrary to the provisions of AP Scheduled Area Land Transfer Regulation and also violative of Articles, 14,21 and 300-A of the Constitution of India and issue a consequential direction to the respondents 1 to 3 herein not to evict the petitioners from the house properties bearing Nos.8-2-350 & 8-2-351 in land bearing Sy.No.217 to an extent of 0.04 1/2 gts situated at Bandarigudem, Manuguru Mandal, Khammam District till the disposal of the appeal filed by the petitioners herein before the 1st respondent herein and pass Counsel for the Petitioner:MR.S.MADAN MOHAN RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12679 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are two in number assailing the inaction of the Additional Agent to Government cum Project Officer, Integrated Tribal Development Agency (I.T.D.A.) at Bhadrachalam-1st Respondent in considering the appeal filed by them under the provisions of A.P. Scheduled Areas Land Transfer Regulation, as amended Regulation 1/1970. 2. The petitioners are owners and possessors of Ac.0-4 ½ guntas of house site having purchased the same from Bandaru Thirumalaiah and Bandaru Chalamaiah on 15-5-1960 under a sada sale deed for Rs.60/- . They erected a hut initially and later on they constructed a pacca house in the year 1988 by obtaining necessary permission from the Government. They are running a Hotel under the name and style of ‘Swagath Hotel’. 3. Proceedings have been initiated against the petitioners by the Special Deputy Collector, (TW), Bhadrachalam, Khammam District-2nd Respondent for eviction on the ground that they are in possession of the house property contrary to the A.P. Scheduled Areas Land Transfer Regulation, 1959 as amended Regulation 1/1970. The second respondent conducted enquiry and ordered for their eviction and directed them to vacate the premises by order dated 30-11-1987. 4. It is the case of the petitioners that they received copy of the eviction order on 10-5-2008 and filed appeal before the 1st Respondent on 14-5-2008. They also moved application seeking interim stay pending disposal of the appeal. Since, the 1st Respondent failed to consider their appeal as well as the application seeking interim relief, the petitioners approached this Court, by invoking jurisdiction under Article 226 of the Constitution of India. 5. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for the Respondents. 6. Learned counsel for the petitioners submits that the petitioners have been in possession of the site since 15- 5-1960 and therefore, the A.P. Scheduled Areas Land Transfer Regulation, 1959 as amended by Regulation 1/1970 is not applicable to them. 7. I am not inclined to go into the merits of the case. Since the appeal filed by them is stated to be pending before the 1st Respondent, I deem it appropriate to disposed of the writ petition directing the 1st Respondent to consider the appeal as expeditiously as possible preferably within three months from the date of receipt of a copy of this order. There shall be status quo existing as on this day with regard to the possession till disposal of the appeal or interlocutory application moved by the petitioners, whichever is earlier. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 19th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12679 OF 2008 19th June, 2008.