HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2045 of 2008 Dated 5th February, 2008 Between Jonnala Papa Rao …Petitioner and The Additional Agent to Government, Rampachodavaram, East Godavari District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2045 of 2008 ORDER: This Writ Petition is filed with the prayer as follows: “……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 of Ac.2.11 cents in Sy.No.103/3 situated at Pedabhimpalli village, Devipatnam Mandal, EG District, as highly illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently set aside all further proceedings initiated by the respondents in pursuance of the order passed by the second respondent in ADO LTR No.10/2007 dated 31-12-2007 including eviction pending disposal of the appeal filed before the first respondent under the provisions of AP Scheduled Areas Land Transfer Regulations in the interest of justice and to pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case” The petitioner claims to be the owner and possessor of the land to an extent of Ac.2.11 cents covered by Sy.No. 103/3 of Pedabhimpalli village, Devipatnam Mandal in East Godavari District. It is stated that the said land is his ancestral property, and the same was devolved on him and there is no transfer of the said land in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. But however, the second respondent initiated proceedings against the petitioner under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and by order dated 31-12-2007 passed in Proceedings No.ADOLTR.No.10/2007 ordered eviction of the petitioner from the land in question. It is the case of the petitioner that in the proceedings initiated under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, notice in Form ‘E’ was issued with regard to the lands in Sy.Nos. 3/3 of Peddapally village, whereas, eviction was ordered from the lands in Sy.No.103/3 of Peddapally village. It is the further case of the petitioner that there was no transfer of the land in favour of the petitioner and as the said land is his ancestral property, the same was devolved on the petitioner. It is stated that as against the said order of the primary authority, the petitioner preferred appeal on 25-1-2008 as contemplated under Regulation 8(1) of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, along with an application for grant of stay and the same is pending consideration. On the ground that in spite of the appeal filed by the petitioner, no orders have been passed and on the other hand, respondents are taking steps for eviction of the petitioner, he has come up with this Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents. In view of the pendency of the appeal preferred by the petitioner against the order of eviction dated 31-12-2007, there is no need to examine the validity of the eviction order by this Court at this stage. As much as it is stated that notice in Form ‘E’ was issued with regard to the land in Sy.No.3/3 of Peddapally village, whereas, eviction of the petitioner was ordered from the land in Sy.No.l103/3, and, there is no transfer in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and, further, the appeal preferred by the petitioner is pending consideration, I dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal filed by the petitioner on 25-1-2008 as expeditiously as possible, by giving opportunity to the petitioner. Till the disposal of the said appeal, the order dated 31-12-2007 passed by the second respondent shall remain suspended and there shall be a further direction to the respondents to allow the petitioner to be in possession of the subject land, pending disposal of the appeal. Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 05-02-2008 Msnr.