IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 5030 of 2008 Between: Tekula Lalaiah S/o. Tekula Muthaiah Khammam District. ..... PETITIONER AND 1 The Agency Divisional Officer, Bhadrachalam, Khammam District. 2 The Additional Agent to the Government and Project Officer, I.T.D.A. Bhadrachalam, Khammam District. 3 The Tahsildar, Cherla Mandal, Cherla, Khammam District. 4 Bendaboyina Yerra Lingaiah R/o. Pedamidisileru Village, Charla 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 a writ order or direction more in the nature of Mandamus declaring the action of the 2nd respondent in not disposing the Statutory Appeal filed by the petitioner on 26-2-2008 as against the orders of the first respondent in LTR Case No. 9/CHLR/2007 dt. 21-11-2007 as arbitrary illegal, and violative of Article 14, 21 and 300(A) of the Constitution of India and consequentially direct the respondents not to interfere with the possession and enjoyment of the lands of the petitioner situated in Sy.No.4/11 and 4/10 to an extent of Acres 0.62 and 0.80 situated at Pedamidisileru Village, Charla Mandal, Khammam District. Counsel for the Petitioner : Sri P.V. Ramana Counsel for the Respondent Nos.1 & 2: 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 Agency Divisional Officer and Sub-Collector, Bhadrachalam passed orders in his proceedings in LTR Case No. 9/CHRL/2007 against the writ petitioner herein on 21.11.2007 ordering his ejectment from out of the land of an extent of Ac.1.42 cents in Survey Nos. 4/11 and 4/10 of Pedamidisileru Village of Cherla Mandal, Khammam District. It is not in dispute that against this order of the Sub-Collector, an appeal is provided to the Additional Agent to the Government and Project Officer, I.T.D.A., 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 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Sub- Collector dated 21.11.2007, but the 2nd respondent did not choose to pass orders either in the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the 2nd 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 2nd respondent to entertain, hear and decide the appeal preferred against the orders of the Agency Divisional Officer, Bhadrachalam dated 21.11.2007 within six 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 2nd respondent to independently consider the interlocutory application moved by the writ petitioner 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) 11th March, 2007 ksld : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}