IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19614 of 2008 Between: Smt. Bolisetti Laxmi, W/o. Buchaiah, R/o. Dandepalli Village, Dandepalli Mandal, District Adilabad. ..... PETITIONER AND 1 The Agent to the Government and Project Officer, ITDA, Adilabad Head Quarters at Utnoor, Adilabad District. 2 The Special Deputy Collector (Tribal Welfare), Adilabad Head Quarters, at Utnoor, Adilabad District. 3 The Tahsildar, Dandepalli Mandal, Adilabad District. 4 Kothapalli Lachaiah, S/o. Bheemaiah, R/o. Dandepalli Village and Mandal, Adilabad District (died). 5 Kothapalli Mallaiah, S/o. Late Bheemaiah, R/o. Dandepalli Village, Dandepalli Mandal, Adilabad District. 6 Kothapalli Sathaiah, S/o. late Bheemaiah, R/o. Dandepalli Village, Dandepalli Mandal, Adilabad District. 7 Kothapalli Kistaiah, S/o. late Bheemaiah, R/o. Dandepalli Village, Dandepalli Mandal, Adilabad 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 a Writ in the nature of Mandamus the action of the respondents in trying to dispossess the petitioner from the land to an extent of Ac. 4.56 cents in Sy.No. 103 of Dandepalli Village and Dandepalli Mandal, Adilabad District in pursuance of the orders passed by the 2nd respondent in Case No. TWA1/2007, dated 15-03-2008 as illegal, arbitrary, and unjust and consequently direct the respondents not to dispossess the petitioner from the above land pending disposal of the statutory appeal preferred before the 1st respondent kin the interest of justice and pass Counsel for the Petitioner: MR.S.SURENDER REDDY Counsel for the Respondents 1 to 3: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Smt. Bolisetti Laqxmi assailing the action of the Tahsildar, Dandepalli Mandal, Adilabad District-third respondent in trying to dispossess her from the land admeasuring Ac.4.56 cents in S.No.103 of Dandepalli Village and Mandal, Adilabad District, pending the appeal filed by her. The petitioner claims that her husband Bolisetti Buchaiah purchased the land admeasuring Ac.4.56 cents in S.No.103 situated at Dandepalli Village and Mandal, Adilabad District from one Sri Kothapalli Bhoomaiah for a consideration of Rs.4,500/-. Her husband was in possession of the land till his death. Thereafter, she has been in possession of the land. Proceedings have been initiated against her under the provisions of the A.P. Scheduled Area Land Transfer Regulation 1/959 as amended by Regulation 1/1970. The primary authority i.e., the Special Deputy Collector, Tribal Welfare, Adilabad headquarters at Utnoor-second respondent, found the possession of the petitioner is in contravention of the provisions of the A.P. Scheduled Area Land Transfer Regulation 1/959 as amended by Regulation 1/1970. She ﬁled an appeal before the Agent to the Government and Project Oﬃcer, ITDA, Adilabad-ﬁrst respondent. Pending the appeal when the third respondent is contemplating to dispossess her. Therefore, she approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of respondents 1 to 3. Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare appearing for respondents 1 to 3. The factual aspect of the petitioner ﬁling appeal before the first respondent is not in dispute. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the ﬁrst respondent to consider the appeal and pass appropriate orders. There shall be status quo existing as on this day with regard to possession of the land in dispute till the disposal of the appeal or the stay application, whichever is earlier. _________________________ (B. Seshasayana Reddy, J.) 9th September, 2008 Note: C.C. in 2 days. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Agent to the Government and Project Officer, ITDA, Adilabad Head Quarters at Utnoor, Adilabad District. 2 The Special Deputy Collector (Tribal Welfare), Adilabad Head Quarters, at Utnoor, Adilabad District. 3 The Tahsildar, Dandepalli Mandal, Adilabad District. 4 2 CCs to G.P. for Social Welfare, High Court of A.P. Hyderabad.(OUT) 5 2 CD copies.