IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 25115 of 2008 Between: 1 Morampudi Krishnaiah @ Krishna Murthy, S/o. Ramaiah, R/o. Asannagudem, Dammapeta Mandal, Khammam District. 2 Morampudi Satyanarayana, S/o. Ramaiah, R/o. Asannagudem, Dammapeta Mandal, Khammam District. ..... PETITIONERS AND 1 The Additional Agent to Government & Project Officer, I.T.D.A. Bhadarachalam, Khammam District. 2 The Special Deputy Collector, Tribal Welfare, Bhadrachalam, Khammam District. 3 The Tahsildar, Dammapeta 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 may be pleased to issue a Writ or direction preferably writ of Mandamus declaring the action of the 1st respondent in not passing appropriate orders either on the stay petition or on the appeal vide I.A.No. 2/2008 in CMA No. 1/2008 against the order of 2nd respondent dt. 14-9-2007 in LTR Case No. 419/2005/DPT as illegal, arbitrary and violative of principles of natural justice and consequently direct the 1st respondent to consider and dispose of the stay petition or the appeal itself within a reasonable time and further direct the respondents or their subordinate staﬀ not to dispossess the petitioners from possession and enjoyment of the property in Sy.No. 1400 measuring an extent of Acs. 7-31 gts situated at Assanagudem Village of Nagupalli, H/o. Dammapeta Mandal of Khammam Distrit, pending disposal of the appeal on the ﬁle of the 1st respondent. Counsel for the Petitioners: MR.K.R.SRINIVAS Counsel for the Respondents.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: This writ petition has been ﬁled by the petitioners, who are two in number, assailing the action of the Additional Agent to Government and Project Oﬃcer, I.T.D.A., Bhadrachalam, Khammam District-1st respondent in not passing any orders either on the stay application or in the appeal ﬁled by the petitioners vide I.A.No.2 of 2008 and C.M.A.No.1 of 2008. 2. The petitioners 1 and 2 are brothers and they claim that they are the absolute owners and possessors of land admeasuring Ac.7.31 guntas comprising Survey No.1400, situated at Assannagudem Village of Nagupalli, H/o.Dammapeta Mandal, Khammam District. Proceedings vide L.T.R.Case No.419 of 2005/DMPT have been initiated against the 1st petitioner on the ground that his possession is in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970. The Special Deputy Collector (T.W.), Bhadrachalam-2 nd respondent, conducted enquiry and found the possession of the 1st petitioner is in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959, as amended by Regulation 1 of 1970 and thereby ordered for ejectment, by order dated 14.09.2007. Assailing the order of ejectment passed by the 2nd respondent, the petitioners ﬁled an appeal before the 1st respondent. Their appeal and the stay petition are stated to be pending. Apprehending dispossession pending the appeal, the petitioners approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of the respondents. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for the respondents. 5. The factual aspect of the petitioners ﬁling an appeal vide CMA No.1 of 2008 assailing the order of ejectment, dated 14.09.2007 passed by the 2nd respondent is not controverted by the learned Government Pleader for Social Welfare appearing for the respondents. 6. Accordingly, the Writ Petition is disposed of at the admission stage directing the Additional Agent to Government and Project Oﬃcer, I.T.D.A., Bhadrachalam, Khammam District- 1st respondent to consider the appeal being CMA No.1 of 2008 filed by the petitioners and pass appropriate orders. There shall b e status quo existing as on this day till the disposal of the appeal or the stay application, whichever is earlier. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:14th November, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}