HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1086 of 2008 Dated 25th January, 2008 Between Medipall John …Petitioner and The Project Officer, Integrated Tribal Development, Agency and Additional Agent to Government, Khammam district, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1086 of 2008 ORDER: In this Writ Petition, the petitioner seeks Writ of Mandamus to declare the action of the second respondent-appellate authority in not passing orders on the stay application in the appeal filed against the order of eviction dated 3-8-2007 passed in LTR Case No. 181/2001/KGM by the Special Deputy Collector (TW),Bhadrachalam, Khammam District, as illegal and arbitrary. The petitioner claims ownership and possession of the land admeasuring Ac.0.37 gts covered by Sy.No. 264/1/173 of Karukonda Village, Kothagudem Mandal, Khammam district. It is stated that the petitioner acquired the said land by way of Will dated 11-3-1968 from one Late Sri Mekala Papaiah, and the said transfer of the land is not in violation of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. It is the case of the petitioner that though the said transfer is not hit by the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, but, however, the Special Deputy Collector (TW), Bhadrachalam, initiated proceedings under the said Regulation and passed the order of eviction dated 3-8-2007 in LTR case No. 181/2007/KGM. It is stated that against the said eviction order, the petitioner has preferred appeal on 1-12-2007 along with an application for grant of interim order. It is the grievance of the petitioner that though he has filed appeal, the appellate authority did not exercise jurisdiction vested in it by not passing any order either on the appeal or stay application, and, on the other hand, the respondents are taking steps to enforce the order of eviction. Heard the learned Counsel for the petitioner and the learned Government Pleader appearing for the respondents. It is the case of the petitioner that he acquired the said land by virtue of Will dated 11-3-1968 from Late Sri Mekala Papaiah and since then he is in continuous and uninterrupted possession of the said land. Whether the said transfer of the land is in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/ 1959, as amended by Regulation 1/1970 or not, is a matter which is required to be considered by the appellate authority. In view of the pendency of the appeal, it is not desirable to go into merits of the case and record any finding on the said transaction at this stage. As much as, it is stated that the petitioner is in uninterrupted possession of the said land since 11-3-1968, and, further, the appeal filed by the petitioner is pending consideration, I dispose of the Writ Petition directing the second respondent-appellate authority to dispose of the appeal filed by the petitioner on 1-12-2007 as expeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 3-8-2007 till the disposal of the appeal and allow the petitioner to be in possession of the land in question. Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 25-1-2008 Msnr.