IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5848 of 2008 Between: 1 Smt.V.Varalaxmi, W/o.Seetha Rama Raju, R/o.H.No.11-1-172, Sastri Road, Paloncha Town and Mandal, Khammam District. 2 Vimal Praksh Agarwal, S/o.Ramesh Chandra Agarwal, R.No.1-1-87, Old Kothagudem Town and Mandal, Khammam District. 3 Ramesh Chander Agarwal, S/o.Kanyalal Agarwal, R.No.1-1-87, Old Kothagudem Town and Mandal, Khammam District. 4 Gowru Venkatesham, S/o.Narayana, R.No.6-8-75,Ganesh Basthi,Kothagudem Town and Mandal, Khammam District. 5 Smt.Rao Venkata Satya Sita, W/o.Venkata Satyanarayana Rao, R/o.Flat No.104,Greenview Apartments, Balaiah Sastri Layout,Beside Port Stadium Back Gate, Visakhapatnam. ..... PETITIONER(S) AND 1 The Additional Agent to the Government-cum-Project Officer,I.T.D.A., Bhadrachalam,Khammam District. 2 The Agency Divisional Officer-cum-Sub Collector, Bhadrachalam, Khammam District. 3 Smt.Yashodamma, W/o.Late Balakrishna Chetty, C/o.K.B.Prakash, Bhadrachalam, Khammam District. 4 The Tahsildar, Bhadrachalam,Khammam 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not passing the order either in the stay petition or in the Appeal filed by the petitioners herein against the impugned orders passed by the 2nd respondent herein in LTR Case No.17/BCM/2007, dated 05-01-2008 which was served on the petitioner's on 4.3.2008 in respect of take over the possession of the land of Gopalakrishna Kalamandir,Bhadrachalam, situated in Sy.No.121, Door No. 11-1-174, Bhadrachalam, Khammam District, is illegal and void and opposed to Articles 14, 19, 21 and 300-A of Constitution of India and Consequently to direct the 1st respondent to pass appropriate orders in the appeal filed by the petitioners herein dated 11.3.2008 till such time suspend the impugned order of the 2nd respondent dated 5-1-2008 and pass such other orders. Counsel for the Petitioner:MR.MUMMANENI.SRINIVASA RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Social Welfare. The Agency Divisional Officer & Sub-Collector, Bhadrachalam, passed orders in his proceedings in LTR Case No.17/BCM/2007 against the writ petitioners herein on 05.01.2008 ordering their ejectment from out of the land of Gopalakrishna Kalamandir comprising the area of 5600 square yards in Sy. No.121 of Bhadrachalam Village & Mandal, Khammam District. It is not in dispute that against this order of the Agency Divisional Officer, an appeal is provided to the Additional Agent to the Government-cum-Project Officer, I.T.D.A., Bhadrachalam, Khammam District under Section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959. The writ petitioners have asserted that such an appeal had been preferred before the Additional Agent to the Government, first respondent herein, on 11-03-2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Agency Divisional Officer, dated 05.01.2008, but the first respondent did not choose to pass orders either in the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the first respondent, it is only expected that it will be attended to at the earliest convenient time. If the appeal itself cannot be decided, the interlocutory application moved by the parties seeking urgent interim orders could be attended to in the meantime. In these set of circumstances, I consider it appropriate to direct the first respondent to entertain, hear and decide the appeal preferred against the orders of the Agency Divisional Officer, Bhadrachalam, dated 05.01.2008 within six months from the date of receipt of a copy of this order. Till such time, the status quo existing as of now with regard to possession be maintained. It is, however, open to the first respondent to independently consider the interlocutory application moved by the writ petitioners herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of. (NOOTY RAMAMOHANA RAO, J) 19th March, 2008 skmr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Additional Agent to the Government-cum-Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 2 The Agency Divisional Officer-cum-Sub Collector, Bhadrachalam, Khammam District. 3 The Tahsildar, Bhadrachalam,Khammam District. 4 2CCs to G.P. for Social Welfare. 5 2CD copies