IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15082 of 2009 Between: Akula Murali Krishna, S/o. Venkateswara Rao, r/o. Buttaigudem Village & Mandal, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Agent to the Government, Eluru, West Godavari District. 2 The Special Duputy Collector, Tribal Welfare, K.R. Puram, West Godavari District. 3 The Special Duputy Collector, Tribal Welfare, Buttaigudem Mandal, West Godavari District. 4 The Mandal Revenue Inspector, Buttaigudem Village & Mandal, West Godavari District. .....RESPONDENT(S) 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 or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to dispossess the petitioner and take possession of the agricultural land extent Ac. 5-00 cents, in R.S.No. 581/P of Buttaigudem Village & Mandal, West Godavari District pending disposal of the appeal vide SRA No. 10/2008 before the 1st respondent as arbitrary and illegal and consequently direct the respondents not to dispossess the petitioner from the agricultural land extent of Ac. 5-00 cents in RS.No. 581/P of Buttaigudem Village & Mandal, West Godavari District in the interest of justice Counsel for the Petitioner:MR.P.NAGENDRA REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.15082 of 2009 ORDER: The petitioner herein claims to be in possession and enjoyment of Ac.5.00 cents of land situated in Sy.No.581/P, Buttaigudem Village & Mandal, West Godavari District. The Special Deputy Collector (Tribal Welfare), K.R. Puram, by order, dated 29.12.2007, made under Section 3 (1) of the A.P. Scheduled Area Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 ordered ejectment of the petitioner from the land in question. Aggrieved by the same, the petitioner preferred an appeal in the year 2008 before the 1st respondent – Additional Agent to the Government. However, the 1st respondent failed to consider the same and no order has been passed on his application for stay. In the meanwhile since there is a threat of dispossession on the basis of the ejectment order dated 29.12.2007, the present writ petition is filed. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Social Welfare appearing for the respondents. Since the Statutory Appeal is pending before the 1st respondent, it would be appropriate to protect the possession of the petitioner till the said Appeal is disposed of in accordance with law. Accordingly, without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the 1st respondent to dispose of the petitioner’s appeal pending on its file following due process of law, as expeditiously as possible, preferably within a period of three months from the date of receipt of this order. Till such time, the order of the 2nd respondent dated 29.12.2007 shall not be given effect to. No costs. _______________ Justice G.Rohini Date:27.07.2009 mrb