IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17157 of 2008 Between: 1 V. Naga Surya Rao, S/o. Late Veeraiah, R/o. Indukuru Village, Devipatnam (M), East Godavari District. 2 M. Suryanarayana, S/o. Chandraiah, R/o. Thantikonda Village, Gokavaram (M), East Godavari District. ..... PETITIONER(S) AND 1 The Addl. Agent to the Govt., E.G. District at Rampanchaodavaram. 2 The Special Deputy Collector (T.W), Rampachodavaram, East Godavari District. 3 The Mandal Revenue Officer, Devipatnam, East Godavari District. 4 The Spl. Deputy Tahsildar (T.W), Devipatnam, East Godavari District. 5 The Govt. of A.P. Rep by its Prl. Secretary, Social Welfare Department, Secretariat, Hyderabad. .....RESPONDENT(S) 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 to issue appropriate writ or order or direction miore particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dispossessing the petitioner from the land to an extent of Ac. 2.50 cents situated in R.S.No. 194/2 of Pedabheempalli Village, Devipatnam Mandal, East Godavary District in pursuance of the order passed by the 1st respondent in CMA No. 38/2005, dt. 5-3- 2008 as illegal, arbitrary and unjust and consequently direct the respondents not to dispossess the petitioner from the above mentioned land pending disposal of the revision before the 5th respondent in the interest of justice and to pass Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 17157 OF 2008 ORDER: 1. Petitioners claimed to be in possession of 2-50 cents situated in R.S.NO. 194/2 of Pedabheempalli village, Devipatnam Mandal, East Godavari District. 2. The Special Deputy Tahsildar, (T.W.) Rampachodavaram, East Godavari District-2nd Respondent initiated proceedings against the petitioners for ejectment on the ground that their possession is in contravention of A.P.Scheduled Area Land Transfer Regulation 1/1959 as amended by Regulation 1 of 1970. The Special Deputy Collector has conducted an enquiry and held that the possession of the petitioners over the land in question is not in contravention of provisions of A.P. Scheduled Area Land Transfer Regulation 1/1959 as amended by Regulation 1 of 1970. Thereupon the Special Deputy Tahsildar– 4t h Respondent ﬁled an appeal being C.M.A.No. 38 of 2005 before the Additional Agent to Government-1st respondent. The Appellate Authority allowed the appeal setting aside the order passed by the 2nd Respondent. Challenging the order passed by the appellate authority, the petitioners ﬁled revision before the 5th respondent. They also moved an application seeking interim stay of the operation of the order passed in C.M.A.No. 38 of 2005. Since the Mandal Revenue Oﬃcer-3rd respondent is contemplating to dispossess the petitioners from the land in question pending the revision, the petitioners choose to approach this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of the respondents. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for respondents. 5. The factual aspect of petitioners ﬁling the revision before the 5th respondent is not disputed. 6. In that view of the matter, the writ petition is disposed of directing the 5th 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 in respect of the land in dispute pending the revision or till the disposal of the stay application ﬁled by the petitioners before the 5th respondent, whichever is earlier. No order as to costs. _____________________________- Justice B.Seshasayana Reddy 7th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 17157 OF 2008 7th August, 2008.