IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22575 of 2008 Between: M/s. Golden Tobacco Ltd., Company rep. by its G.P.A. Holder, P. Munikesava Rao, S/o. Shanker Rao R/o. Bhadrachalam, Khammam District. ..... PETITIONER AND 1 The Agency Divisional Officer, Bhadrachalam, Khammam District. 2 The Additional Agent to the Government, (Project Officer, I T D A) Bhadrachalam, Khammam District. 3 The Tahsildar, Mandal Revenue Office, Bhadrachalam, Khammam District. 4 The Secretary and Correspondent, Bhadradri Degree College, Bhadrachalam, Khammam District. 5 The Secretary and Correspondent, P.S.R.M. Degree College, Bhadrachalam, Khammam District. 6 The Government of Andhra Pradesh, rep. by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad. .....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 6th respondent Government in not disposing the statutory appeal ﬁled against the orders passed by the Additional Agent to Government in CMA No.233 of 2007 dated 21.06.2008, dispatched on 17.09.2008 and communicated on 29.09.2008 conﬁrming the orders passed by the Agency Divisional Oﬃcer, in L.T.R. Case No.1/Bhadrachalam/2004, dated 28.04.2008 for eviction in respect of R.S.No.72/1, to an extent of 0.20 cents with building situated at Ambedkar Center, Bhadrachalam, Khammam District and interfering with peaceful possession and enjoyment of the petitioner by the Oﬃcial Respondent as arbitrary, illegal and violative of Article 14, 16 and 21 and 300(A) of the Constitution of India and consequentially declare that the Respondents cannot dispossess the writ petitioner from the property in question pending disposal of the Revision before the Revisional authority and to pass Counsel for the Petitioner: MR.P.V.RAMANA Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ petition has been ﬁled by M/s. Golden Tobacco Ltd. Company, represented by its G.P.A. Holder P. Munikesava Rao, assailing the action of the Tahsildar, Mandal Revenue Oﬃce, Bhadrachalam- 3rd respondent in trying to dispossess it from the land bearing R.S.No.72/1 admeasuring Ac.0.20 cents pending revision ﬁled by it before the Government of Andhra Pradesh represented by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad-6th respondent. The petitioner-Company is a registered Company under the Companies Act. It purchased an extent of Acs.400 of land through registered sale deed bearing Document No.668/69, on 22.12.1969 in R.S.No.72/1 situated at Badrachalam Village and Mandal, Khammam District. An extent of Acs.1.45 cents of land was already taken over by the Government under Land Acquisition for the purpose of construction of Agriculture Market Committee, at Bhadrachalam. The remaining extent of Acs.2.55 cents is in possession and enjoyment of the petitioner. Proceedings have been initiated against the petitioner in L.T.R.Case No.1/Bhadrachalam/2004, dated 28.04.2007 on the ground that its possession over the land is in contravention of Andhra Pradesh Schedule Areas Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970. The primary authority found that the possession of the petitioner is in contravention of the provisions of Andhra Pradesh Schedule Areas Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970. The petitioner ﬁled an appeal being CMA No.236 of 2007. He also ﬁled W.P.No.1466 of 2008 seeking stay of dispossession pending the appeal, which was disposed of by this Court by order, dated 7.02.2008. Thereafter, the appellate authority disposed of the appeal on 21.06.2008 conﬁrming the order of the primary authority. The petitioner ﬁled revision before the 6th-respondent and also moved an application seeking stay of operation of the order passed by the primary authority as conﬁrmed by the appellate authority. Pending the revision, Tahsildar, Mandal Revenue Oﬃce, Bhadrachalam-3rd respondent is contemplating to dispossess the petitioner from the land in its occupation. Hence, this writ petition. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of R1 to R6. The factual aspect of ﬁling revision by the petitioner, before the 1st respondent is not controverted by the learned Government Pleader appearing on behalf of R1 to R6. In that view of the matter, the writ petition is disposed of directing the 6th respondent to consider the revision ﬁled by the petitioner and pass appropriate orders. There shall be status quo existing as on this day with regard to possession of the land in dispute till the disposal of revision or stay application, whichever is earlier. No costs. __________ 17-10-2008 rkk