THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.33532 of 2010 ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Social Welfare appearing for the respondents. Petitioner claims ownership and possession over the land admeasuring 0.56 hectares covered by Survey No.84/3 situated at Indukurupeta Village, Devipatnam Mandal, East Godavari District. On filing complaint by the fourth respondent – Special Deputy Tahsildar (Tribal Welfare), Devipatnam Mandal, East Godavari District, proceedings were initiated by the second respondent – Agency Divisional Officer, Rampachodavaram, East Godavari District, for eviction of the petitioner under the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 and the second respondent by order, dated 27.07.2010, passed in L.T.R.P.No.155 of 2007, ordered for eviction of the petitioner and directed the third respondent - Tahsildar, Devipatnam Mandal, East Godavari District, to take the land into Government custody so as to assign the same to eligible tribals. It is stated that as against the said order, the petitioner carried the matter by way of appeal before the first respondent – Additional Agent to the Government, Rampachodavaram, East Godavari District, on 13.09.2010 and such appeal is pending. It is the grievance of the petitioner that though he has filed application in the aforesaid appeal, seeking interim orders, no orders are passed on such application and the respondents are taking steps for eviction of the petitioner. As per the Regulation referred to above, against the order of eviction, there is substantive remedy of appeal provided to the first respondent. When such remedy is availed by the petitioner by way of appeal and an application is filed therein seeking interim orders, there is no reason for not considering such application for this long time. As much as the petitioner is claiming ownership and possession over the petition schedule property and the appeal filed by him is pending consideration before the first respondent, I deem it appropriate to direct the first respondent to dispose of the appeal preferred by the petitioner as expeditiously as possible. Further, the order of eviction, dated 27.07.2010, passed by the second respondent in L.T.R.P.No.155 of 2007 shall remain suspended pending disposal of such appeal. There shall be a direction to the respondents to allow the petitioner to cultivate the land in question till disposal of such appeal. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 30th DECEMBER, 2010. kvni