HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27966 of 2010 Date : 21.01.2011 Between : Pragada Subba Rao. …..Petitioner And The Additional Agent to the Government, Rampachodavaram, East Godavari District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27966 of 2010 ORDER : Heard learned counsel for petitioner and also the learned Government Pleader appearing for respondents. This writ petition is filed, seeking for a writ of Mandamus, declaring the action of respondents in evicting the petitioner from his lands to an extent of 0.95 Hectares in Sy.No.96/1, situated at Indukurupeta village of Devipatnam Mandal in East Godavari District, pursuant to the orders passed by the 2nd respondent in LTRP No.148/2007, pending disposal of appeal before the 1st respondent-Additional Agent to Government, as illegal and arbitrary, with a consequential direction to the respondents not to evict the petitioner from the aforesaid lands. The petitioner claims that he is the owner and possessor of land admeasuring 0.95 hectares covered by Sy.No.96/1 of Indukurupeta village of Devipatnam Mandal in East Godavari District. It is stated that the petitioner has purchased the aforesaid land from its earlier owner on 01.03.1969 and was inducted into actual and physical possession. On the ground that the transfer of said land in favour of petitioner was contrary to the Land Transfer Regulations, the 2nd respondent-Special Deputy Collector, Rampachodavaram, by an order, dated 27.08.2010, passed in LTRP.No.148/2007, ordered eviction of petitioner, by directing the Tahsildar to take the land into Government custody and assign the same to the eligible Tribes. It is submitted that as against the said order, petitioner has preferred an appeal before the 1st respondent-Additional Agent to Government, Rampachodavaram, on 20.09.2010, along with an application for interim orders, but no orders are passed in the interim application. In this writ petition, it is submitted that though the transfer was prior to prohibiting transfers from Non-Tribals, and the Land Transfer Regulations are prospective in operation, inspite of the same, the primary authority has erroneously passed the orders of eviction. In view of pendency of appeal before the 1st respondent- Additional Agent to Government, it is not desirable for this Court to record any definite finding on the question whether there is any violation of the Land Transfer Regulations or not. Be that as it may. As it is stated that the petitioner has purchased the land in question as early as in 1969 and is in continuous possession of the said land since then, and in view of pendency of appeal preferred by the petitioner on 20.09.2010, I deem it appropriate to dispose of the writ petition with a direction to the 1st respondent-appellate authority to dispose of the appeal as expeditiously as possible, and till the disposal of appeal by the 1st respondent, the order of eviction, dated 27.08.2010, passed by the 2nd respondent, in LTRP.No.148/2007, shall remain suspended, and respondents are directed to allow the petitioner to cultivate the aforesaid land. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 21st January 2011 ajr