IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 1504 of 2009 Between: Mukka Babu Rao S/o. Pentaiah R/o. Indukurupeta Village, Devipatnam mandal, E.G. District. ..... PETITIONER AND 1 The Addl. Agent to the Government Rampachodavaram E.G. District. 2 The Spl. Deputy Collector Tribal Welfare Rampachodavaram, E.G. District. 3 The Tahsildar Devipatnam E.G. District. 4 Chavalam Narasanna Dora S/o. Ammanna Dora Kambalampalem Village, Devipatnam Mandal, E.G. District. 5 The Government of A.P. Rep. by its Prl. Secretary Social Welfare (LTR-1) Dept., Secretariat at Hyderabad. .....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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring action of the respondents in dispossessing the petitioner from his lands to an extent of Ac.0.44 cents in Sy.No.245/5 of Kambalampalem Village, Devipatnam Mandal, East Godavari District in pursuance of the order passed by the 1st respondent in CMA. No.139/2005, dt.6-12-2008 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 filed before the 5th respondent in the interest of justice. Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. According to the petitioner, he is the owner and possessor of the land in an extent of Ac.0-44 cents in Sy.No.245/5 situated at Kambalampalem Village, Devipatnam Mandal of East Godavari District. It is his case that the 4th respondent herein filed L.T.R.P.No.37 of 2004 before the 2nd respondent- Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari District, stating that the possession of the petitioner is in contravention of Section 3 (1) of A.P. Scheduled Areas Land Transfer Regulations 1959, as amended by the Regulation 1 of 1970, and he prayed for restoration of the subject land by evicting the petitioner. The said petition was dismissed on 14.07.2004. Aggrieved thereby, the 4th respondent filed C.M.A.No.139 of 2005 before the 1st respondent- Additional Agent to the Government, Rampachodavaram, and the 1st respondent passed an order on 06.12.2008, setting aside the order passed by the 2nd respondent and directing the 3rd respondent to evict the petitioner from the land in question and restore it to the Government for assigning the same to eligible tribals. It is the grievance of the petitioner that, challenging the said order dated 06.12.2008 passed by the 1st respondent, he filed a revision petition before the 5th respondent- Government, on 23.01.2009, along with an application seeking interim suspension of the order passed by the 1st respondent, and since no orders are passed till date on the said application, the respondents 1 to 3 are taking steps to evict him from the land in question. Hence, the present writ petition seeking directions to the official respondents not to dispossess the petitioner from the land in question pending disposal of the revision preferred by him. In the facts and circumstances of the case, the 5th respondent- Government is directed to dispose of the revision petition filed by the petitioner, within a period of three months from the date of receipt of a copy of this order. It is further directed that till the disposal of the said revision petition, the respondents shall not dispossess the petitioner from the land in question. With the above directions, the writ petition is disposed of. There shall be no order as to costs. ____________ C.V.RAMULU, J FEBRUARY, 2, 2009 KSH/IBL