IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4418 of 2008 Between: Challabathula Simhadri, S/o.Appa Rao, R/o.Indukurupet Village, Deveipatnam Mandal, E.G. District. ..... PETITIONER AND 1 The Additional Agent to the Government, Rampachodavaram, East Godavary District, 2 The Agency Divisional Officer, Rampachodavaram, East Godavary District 3 The Tahsildar, Devipatnam, East Godavary District, 4 Annika Peda Venkateswarlu, S/o.Kondayya, Devipatnam Mandal, East Godavary District, 5 Mirthiwada Venkata Ramana Reddy, S/o. Rami Reddy, Indukurupeta Village, Devipatnam Mandal, East Godavary 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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in evicting the petitioner from the land to an extent Hec.0.80 cents in Sy.No.122/1B of Indukurupeta Village, Devipatnam Mandal, East Godavary District, as highly illegal, arbitrary and violative of Art.14 and 21 of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from his land pending disposal of the appeal filed before the l1st respondent in the interest of justice and to pass Counsel for the Petitioner:MR.K.VENKATESH Counsel for Respondent Nos.1 to 3: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: In this writ petition, the petitioner seeks a direction by way of Mandamus to declare the action of the respondents in taking steps for evicting him from the land in an extent of Hec.0.80 cents covered by Sy.No.122/1B of Indukurupeta Village, Devipatnam Mandal, East Godavari District as illegal and arbitrary. The petitioner claims that his grand father purchased the said piece of land under a registered sale deed from a non-tribal on 03-05-1922 and the said land devolved on him by way of succession. It is the case of the petitioner that as the prohibition of transfer inter se non-tribals came into force from 03-02-1970 by way of an amendment to Andhra Pradesh Scheduled Areas Land Transfer Regulations 1 of 1959, and is prospective in operation, the sale transaction was not in violation of the Andhra Pradesh Scheduled Areas Land Transfer Regulations 1 of 1959, as amended by Regulations 1 of 1970, (for short “the Regulations”). It is the further case of the petitioner that in spite of the same, an order of eviction dated 28-01-2008 was passed against him by the Agency Divisional Officer, Rampachodavaram, East Godavari District-second respondent herein, which is the primary authority, in ADO LTR No.81 of 2007 and it is stated that questioning the same, he filed an appeal before the appellate authority-first respondent on 05-02-2008 along with an application seeking stay. 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 petition schedule land. Though it is the case of the petitioner that his grand father had purchased the land on 03-05-1922 and that the transaction was not hit by the provisions of the Regulations, but however, as he had already questioned the order of eviction before the appellate authority, it is for the appellate authority to consider with regard to the validity of the order of the second respondent dated 28-01-2008 passed in ADO LTR No.81 of 2007. But as it is stated that from the date of purchase, the land is in continuous and uninterrupted possession of the family members of the petitioner and as the appeal preferred by the petitioner is pending consideration before the first respondent-appellate authority, I deem it appropriate to dispose of the writ petition directing the first respondent to dispose of the appeal preferred by the petitioner on 05-02-2008 as expeditiously as possible and I further direct that the order dated 28-01-2008 in ADO LTR No.81 of 2007 shall remain suspended till disposal of the appeal and communication of the same to the petitioner. Subject to the above directions, the writ petition is disposed of. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 29th February, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Additional Agent to the Government, Rampachodavaram, East Godavary District, 2 The Agency Divisional Officer, Rampachodavaram, East Godavary District 3 The Tahsildar, Devipatnam, East Godavary District, 4 2CCs to the G.P. for Social Welfare 5 2CD copies Form-NIC-OGS/WP{LS}