IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22953 of 2008 Between: 1 Morampudi Venkateswara Rao S/o.China Ramaiah R/o. Asannagudem Village, Nacharam Post, Dhammapeta Mandal, Khammam District. 2 Morampudi Krishnamma W/o.Venkateswara Rao R/o. Asannagudem Village, Nacharam Post, Dhammapeta Mandal, Khammam District. 3 Morampudi Ramesh S/o.Venkateswara Rao R/o. Asannagudem Village, Nacharam Post, Dhammapeta Mandal, Khammam District. 4 Morampudi Tulasi Prasad S/o.Late China Satyanarayana R/o. Asannagudem Village, Nacharam Post, Dhammapeta Mandal, Khammam District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep. by its Principal Secretary to Tribal Welfare Department, Secretariat, Saifabad, Hyderabad. 2 Special Deputy Collector (Tribal Welfare) Bhadrachalam, Khammam District. 3 Additional Agent to Government, Bhadrachalam, Khammam District. 4 Tahsildar, Dammapet, Khammam District. 5 Korsam Krishnaiah S/o.Bodappa R/o.Thotti Pump Village, Dammapeta 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not passing stay order on the stay petition and pending revision petition presented against order dt. 28.06.2008 in CMA No.61 of 2007 passed by the 2nd respondent as illegal, irregular and contrary to provisions of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 and oﬀends Art: 14, 21 and 300 A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their land pursuant to said order and pass such other orders or order. Counsel for Petitioners: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORAL ORDER: This writ petition has been ﬁled by the petitioners who are four in number assailing action of the Tahsildar, Dammapet Mandal, Khammam District in trying to evict the petitioners from the land bearing Sy. No. 1278 admeasuring Ac.11.02 guntas situated at Nagupalli village of Dammapeta Mandal, pending revision before the ﬁrst respondent. The petitioners claim to be the owners and possessors of an extent of Ac.11.02 guntas comprised in Sy. No. 1278 of Nagupalli village of Dammapeta Mandal. According to them, their father late Morampudi China Ramaiah, purchased the land under registered sale deed dated 25.10.1955 from Korsa Veerappa and others. Proceedings have been initiated against them on the ground that their occupation 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 Primary Authority found that the possession of the petitioners over the land in question is not in contravention of the provisions of A.P. Scheduled Areas Land Transfer Regulation, 1 of 1959 as amended by Regulation 1 of 1970. The respondent No.5 carried the matter in appeal. The Appellate Authority reversed the ﬁnding of the Primary Authority and found that the possession of the petitioners over the land in dispute is in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1 of 1959 as amended by Regulation 1 of 1970. The petitioners have ﬁled revision before the ﬁrst respondent. Pending Revision, the Tahsildar, Dammapet Mandal, Khammam district, is contemplated to eject the petitioners from the land in dispute. Hence, the writ petition. When the writ petition came up for admission, the learned Assistant Government Pleader for Social Welfare received notice on behalf of the respondents 1 to 4. Heard learned counsel for the petitioners and the learned Assistant Government Pleader appearing on behalf of Respondents 1 to 4. The factual aspect of the petitioners ﬁling revision before the ﬁrst respondent is not controverted by the learned Assistant Government Pleader for Social Welfare appearing for the respondents 1 to 4. In that view of the matter, the writ petition is disposed of directing the ﬁrst respondent to consider the revision ﬁled by 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 disposal of the appeal or the stay application, whichever is earlier. The writ petition is accordingly disposed of. No order as to costs. _____________________ B.Seshasayana Reddy, J. October 21, 2008 Operative portion by wire at party’s costs //BO// MAS