THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.2750 OF 2008 Dated 12th February, 2008 Between: Kadiam Venkata Raju …Petitioner And The Special Deputy Tahsildar and Three others …Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO.2750 OF 2008 O R D E R: Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare. In this writ petition, the petitioner seeks directions by way of writ of mandamus declaring the action of the respondents in taking steps for his eviction from the land admeasuring Ac.0.93 cents covered by Sy.No.49/B of Indukuripeta Village of Devipatnam Mandal, East Godavari District as illegal and arbitrary. The petitioner claims ownership and possession over the subject land by way of inheritance from his ancestors. The Agency Divisional Officer, Rampachodavaram, East Godavari District-the second respondent by his order dated 21-01-2008 passed in ADO LTR No.43 of 2007 ordered eviction of the petitioner from the subject land and further directed that the land be taken into Government custody. It is submitted that as against the order of the second respondent, the petitioner has preferred an appeal, along with an application for interim stay, on 29-01-2008 before the appellate authority-the third respondent. The grievance of the petitioner is that though the appeal filed by him, along with the stay application, is pending consideration, on one hand it has not been taken up for consideration and on the other, the respondents are taking steps to evict him from the subject land. Though several grounds are raised in the writ petition questioning the validity of the eviction order, but in view of the pendency of the appeal, it is not necessary for this Court to record any findings on such grounds at this stage. As much as it is stated that there was no transfer at all and the very initiation of the proceedings under the provisions of the Andhra Pradesh Schedule Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 is, per se, illegal, I dispose of the writ petition directing the third respondent to dispose of the appeal preferred by the petitioner as expeditiously as possible. Further, I direct that the order of the second respondent dated 21-01-2008 in ADO LTR No.43 of 2007 shall remain suspended till disposal of the appeal by the third respondent and the respondents are directed to allow the petitioner to cultivate the subject land till then. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 12th February, 2008 vrn