IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4158 of 2008 Between: Pasunuri Laxma Reddy s/o. Bali Reddy R/o. Ramanujavaram ( V ), Hamlet of Sambaigudur, Manuguru ( M ), Khammam District. ..... PETITIONER AND 1 Additional Agent to Government-cum-Project Officer, ITDA, Bhadrachalam 2 The Special Deputy Collector ( Tribal Welfare ), Bhadrachalam. 3 The Tahsildar, Manuguru Mandal, Khammam District. 4 Datla Veerabhadra Raju R/o. Ramanujavaram, Hamlet of Sambaigudur, Manuguru 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 to issue a writ order or direction in the natuire of mandamus or otherwise declaring inaction of the Respondent No.1 in not taking up the appeal and stay application filed on 26-12-2007 as illegal and viod and direct the respondents 1 to 3 herein not to evict the Petitioner from his land in pursuance of the orders passed by the Respondent No.2 in LTR Case No. 343/A/2004/MGR & 207/A/2004/MGR dated 28th September, 2007 and be pleased to pass Counsel for the Petitioner: MR.K.L.N.RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : Order: In this Writ Petition, petitioner has questioned the inaction of the first respondent-Additional Agent to Government, ITDA, Bhadrachalam, in not disposing of the appeal preferred by him on 26-12-2007 and also the order of eviction passed by the second respondent-Special Deputy Collector (Tribal Welfare), Bhadrachalam, in Case No.343/A/2004/MGR and 207/A/2004/MGR, dated 28th September, 2007. Heard learned Counsel for petitioner and learned Government Pleader for Social Welfare appearing for respondents. In view of pendency of the appeal filed by petitioner under the provisions of A.P. Schedule Areas Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970 (for short ‘the Regulations’), this Writ Petition is disposed of at the stage of admission. Petitioner claims title and possession over the lands admeasuring Ac.1.30 cents and Ac.0.17 cents covered by Survey Nos.853/52 and 1116 respectively situated in Ramanujavaram Village of Manuguru Mandal in Khammam District. It is the case of the petitioner that said lands were purchased by him from a non-tribal viz., Datla Veerabhadra Raju, vide unregistered sale deeds dated 25-02-1967 and 10-06-1969, before the prohibition of transfers inter se non- tribals by way of amended Regulation 1/70, came into force. It is stated that the said sales were later certified to be valid by the third respondent-Tahsildar under Section 5- A of the A.P.Records of Rights in Lands and Pattedar Pass Book Act, 1971. It is further stated that though transfer of the said lands in favour of the petitioner was not in contravention of the Regulations, but however, the second respondent-Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District, misconstrued the provisions and passed the order of eviction dated 28th September, 2007 and directed that the lands in question be taken into Government custody. It is further stated that as against the said order of eviction, the petitioner has already preferred an appeal along with an interlocutory petition seeking interim stay before the first respondent on 26-12- 2007 and the same are pending consideration. The grievance of petitioner is that though the appeal filed by him is pending consideration from December, 2007, on one hand, no orders have been passed and on the other, respondents are taking steps to evict him from the lands in question. Along with the Writ Petition, petitioner filed a copy of the validation proceedings passed by the third respondent, who is the competent authority under the provisions of the A.P.Record of Rights in land and pattadar Pass Book Act, 1971, certifying the sale transaction of the lands in question vide unregistered sale deeds dated 25-02-1967 and 10-06- 1969 between the petitioner and Datla Veerabhadra Raju to be valid. Inasmuch as petitioner claims that the lands in question were purchased by him three decades back in 1967 before prohibition came into force on 03-02-1970, and that he has been in continuous possession of the same, and as the statutory appeal filed by petitioner against the order of eviction is pending consideration, I deem it appropriate to dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal preferred by the petitioner on 26-12-2007 as expeditiously as possible. Further, I direct that the order of eviction dated 28-09-2007 passed by the second respondent in LTR Case No.343/A/2004/MGR & 207/A/2004/MGR shall remain suspended till disposal of the appeal preferred by petitioner and the orders passed thereon are communicated to him. Subject to the above direction, the Writ Petition is disposed of. No costs. ___________________ (R.Subhash Reddy, J) 28th February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Special Deputy Collector (Tribal Welfare) Bhadrachalam, Khammam District. 2 The Additional Agent to Government & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Tahsildar, Kothagudem, Khammam District. 4 Two CCs to the G.P. for Social Welfare 5 Two CD copies. Form-NIC-OGS/WP{KSRANI}