IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 7925 of 2008 Between: 1 Nelluri Lachamma W/o Late Guraaiah 2 Bala Ramulamma W/o Venkaiah 3 Kakarla Ramana W/o narsimha Rao 4 Kakarla Mangamma W/o late Raghavulu Petitioners No. 1 to 4 are R/o Raimadhavaram Village, Enoor Mandal, Khammam district. ..... PETITIONERS AND 1 The Special Deputy collector, Tribal Welfare, Bhadrachalam, Khammam District. 2 Additional Agent to Government /Project Officer, ITDA, Bhadrachalam, Khammam District. 3 Kodem Biksham S/o late Kodem papaiah R/o raimadhavaram Vilage, Enkoor Mandal, Khammam District. 4 Thasildar, Enkoor Mandal, Khammam District. .....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 of Mandamus or any other appropriate Writ declaring order dt 27-07-2007 in LTR Case No. 78/07/ENK, 79/07/ENK, 80/07/ENK and 81/07/ENK passed by the respondent No.2 as illegal, arbitrary, without authority of law, without jurisdiction and unconstitutional and declare the action of the respondent No.1 in not passing the any order on my stay petition or in appeal filed by the petitioner on 19-03-2008 as illegal, arbitrary, unconstitutional or pass such any other appropriate order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner : MR.A.RAJASEKHAR REDDY Counsel for Respondent Nos.1&2: GP FOR SOCIAL WELFARE The Court made the following O R D E R: Heard the learned counsel for the petitioners and the learned Government Pleader for Social Welfare. The Special Deputy Collector, Bhadrachalam passed orders in his proceedings in Case Nos.78/2007/ENK, 79/07/ENK,80/07/ENK and 81/07/ENK against the writ petitioners herein on 27.07.2007 ordering their ejectment from out of the land of an extent of Ac.0.20 guntas, Ac.1.20 guntas, Ac.1.00 and Ac.1.00 in Survey Nos. 59/Dda/2, 59/Dda/1, 59/Dda/3 and 59/Dda/4 of Raimadharam Village of Enkoor Mandal, Khammam District. It is not in dispute that against this order of the Special Deputy Collector, 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 asserted that such an appeal had been preferred on 19.03.2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Special Deputy Collector dated 27.07.2007, but the 2nd respondent did not choose to pass orders either in the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the 2nd 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 2nd respondent to entertain, hear and decide the appeal preferred against the orders of the Special Deputy Collector, Bhadrachalam dated 27.07.2007 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 2nd respondent to independently consider the interlocutory application moved by the writ petitioner herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of. (NOOTY RAMAMOHANA RAO, J) 11th April 2008 Note: Issue CC tomorrow. (bo) ksld The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}