IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13378 of 2009 Between: K.Nagullamma W/o.Late Sri Ramulu R/o.Singhubhupalem Village, Kothagudem, Khammam District. .... PETITIONER AND 1 The Government of Andhra Pradesh, represented by Principal Secretary, Revenue Department, Secretariat Building, Hyderabad. 2 Additional Agent to Government of Andhra Pradesh ITDA Bhadrachalam, Khammam District. 3 The Tahsildar, Kothagudem, Khammam District. 4 The Special Deputy Collector (TW) Bhadrachalam, 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 respondent No.2 in not taking on record the appeal filed on 28.03.2008 against the order passed in LTR No.8 of 2005 KGM filed granting stay, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.T.SHARATH Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13378 of 2009 ORDER: The petitioner herein claims to be in possession and enjoyment of an agricultural land to an extent of Ac.2-11 guntas situated in Sy.No.78AA of Singhabhupalem village of Kothagudem Mandal, Khammam District. The fourth respondent-Special Deputy Collector (Tribal Welfare), Bhadrachalam, by order dated 31.01.2008, made under Section 3(1) of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 ordered ejectment of the petitioner from the land in question. Aggrieved by the same, the petitioner preferred an appeal on 28.3.2008 before the 2nd respondent-Additional Agent to the Government, Bhadrachalam, Khammam District along with an application for stay of the ejectment ordered by the 4th respondent. However, the 2nd respondent failed to consider the same and no order has been passed even on his application for stay. In the meanwhile, since there is threat of dispossession on the basis of the ejectment order dated 31.01.2008, the present writ petition is filed. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Social Welfare appearing for the respondents. Since the Statutory Appeal is pending before the 2nd respondent, it would be appropriate to protect the possession of the petitioner till the said appeal is disposed of in accordance with law. Accordingly, without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the 2nd respondent to dispose of the petitioner’s appeal pending on its file following due process of law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. Till such orders are passed, status quo obtaining as on today as to the nature and possession of the property in question shall be maintained. The Writ petition is accordingly disposed of. No costs. ____________ G.ROHINI, J Dt.07-07-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13378 of 2009 DATED : 07-07-2009