IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19407 of 2008 Between: Smt.Pandalaneni Sarojini W/o.Venkata Ratnam, R/o.Kothuru village Mulakalapalli Mandal, Khammam District ..... PETITIONER AND 1 The Additional Agent to Government & Project Officer ITDA,Bhadrachalam, Khammam District 2 The Special Deputy Collector, Bhadrachalam Khammam District 3 The Tahsildar, Mulakalapalli village & 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 writ or direction preferably writ of mandamus declaring the in action of the 1st respondent in passing appropriate orders either on the stay petition or on the appeal itself ﬁled on 21.8.2008 against the order of eviction & decree dated 15.12.2007 in LTR .CASE No.968/200/MKP on the ﬁle of the 2nd respondent as illegal, arbitrary, and violative of principles of natural justice and consequentially direct the respondent No.1 to consider and dispose of the stay petition or the appeal itself with in a reasonable time and also further direct the respondents 1 to 3 or their subordinate staﬀ not to dispossess the petitioner from possession and enjoyment of the subject property measuring extent of measuring an extent of Acs.3.22 gts in S.No.294 situated at Pusugudem village of Mulakalapalli Mandal, Khammam District pending disposal of the appeal on the ﬁle of the 1st respondent and may be pleased to pass Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : ORDER: This writ petition has been ﬁled by Smt. Pandalaneni Sarojini W/o. Venkata Ratnam, assailing the action of the Tahsildar, Mulakapalapalli Village & Mandal-third respondent in trying to dispossess her pending disposal of the appeal ﬁled before the Additional Agent to Government & Project Oﬃcer, I.T.D.A., Bhadrachalam, Khammam District-first respondent. The petitioner claims to be in possession and enjoyment of Ac.3.22 gtrs in S.No.294 of Pusugudem Village, Mulakalapalli Mandal, Khammam District. Proceedings have been initiated for her ejectment on the ground that she is in possession of the land in contravention of the provisions of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. The Primary Authority ordered for her eviction on 15.12.2007. She ﬁeld an appeal as provided under Regulation 1/1959 as amended by Regulation 1/1970 before the Additional Agent to Government & Project Oﬃcer, I.T.D.A., Bhadrachalam, Khammam District-ﬁrst respondent. Pending the appeal, when the third respondent is attempting to dispossess her, the petitioner approached this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, the learned Government Pleader for Social Welfare received notice on behalf of respondents 1 to 3. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents. The factual aspect of the petitioner ﬁling appeal before the Additional Agent to Government & Project Oﬃcer, I.T.D.A., Bhadrachalam, Khammam District-ﬁrst respondent, is not in dispute. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the ﬁrst respondent to consider the appeal ﬁled by the petitioner and pass appropriate orders. There shall be status quo existing as on this day with regard to the possession of the land in dispute till the disposal of the appeal or the stay application moved by the petitioner, whichever is earlier. _________________________ (B. Seshasayana Reddy, J.) 6th September, 2008 Note: Issue wire at party’s cost. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Additional agnet to government & Project Officer, I.T.D.A. Bhadrachalam, Khammam District. 2 The Special Deputy Collector, Bhadrachalam, Khammam District. 3 The Tahsildar, Mulakapalapalli village & Mandal, Khammam district. 4 2 CCs to G.P. for Social Welfare, High Court of A.P. Hyderabad. (OUT) 5 2 CD copies.