IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 10178 of 2008 Between: Smt.Darangula Laxmi W/o.Late Biksham R/o.Adarsh Nagar, Bandarigudem Manguru Mandal, Khammam District ..... PETITIONER AND 1 The Addl.Agent to Government-cum-Project officer Integrated Tribal Development Agency (ITDA) at Bhadrachalam,Manuguru Mandal,Khammam District 2 The Spl.Dy.Collector (TW),Bhadrachalam 3 The Tahsildar, Manuguru,Khammam District 4 Penuballi Kannaiah S/o.Veeraiah R/o.Kattu Mallaram Kamlapuram village,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 issue an appropriate writ order or direction particularly one in the nature of mandamus declaring the inaction of the respondents 1 to 2 herein in not granting stay of the operation of the order dated 5.1.2008 in LTR Case No.361/2007/MNG of the 2nd respondent herein received by the petitioner on 17.4.2008 from the office of 3rd respondent herein as illegal, arbitrary, unreasonable contrary to the provisions of AP Scheduled Area Land Transfer Regulation and also violative of ARticles 14,21 and 300A of the Constitution of India and issue a consequential direction to the respondents 1 to 3 herein not to evict the petitioner from his agricultural land of an extent of Acs.2.00 in Sy.No.138/1 situated at Kattumallaram, Udathanigumpu village, of Kamalapuram revenue village, Manguru Mandal/Tq ., Khamma District pending disposal of the Appeal filed by the petitioners herein before the 1st respondent. Counsel for the Petitioner : Sri S.Madan Mohan Rao Counsel for Respondent Nos.1 to 3: GP for Social Welfare The Court made the following O R D E R: Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. The Special Deputy Collector, Bhadrachalam passed orders in his proceedings in L.T.R. Case No. 361/2007/MNG against the writ petitioner herein on 05.01.2008 ordering her ejectment from out of the land of an extent of Ac.2.00 cents in Survey No. 138/1, Kattumallaram, Udathanigumpu, Kamalapuram Revenue Village, Manuguru Mandal, Khammam District. It is not in dispute that against this order of the Special Deputy Collector, an appeal is provided to the Additional Agent to the Government, Bhadrachalam, Khammam District under Section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959. The writ petitioner has asserted that such an appeal had been preferred on 26.04.2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Special Deputy Collector dated 05.01.2008, but the 1st respondent did not choose to pass orders either on the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the 1st respondent, it is only expected that it will be attended to at the earliest convenient time. If the appeal itself cannot be decided, the interlocutory application moved by the parties seeking urgent interim orders could be attended to in the meantime. In these set of circumstances, I consider it appropriate to direct the 1st respondent to entertain, hear and decide the appeal preferred against the orders of the Special Deputy Collector, Bhadrachalam dated 05.01.2008 within three months from the date of receipt of a copy of this order. Till such time, the status quo existing as of now with regard to possession be maintained. It is, however, open to the 1st respondent to independently consider the interlocutory application moved by the writ petitioners herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 2nd May 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}