The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.1927 of 2010 Order: In this Writ Petition, petitioners seek declaration, by way of Mandamus, that the action of the first respondent in not disposing of the statutory appeal filed by them against the eviction order passed by the Special Deputy Collector, Bhadrachalam, in L.T.R.Case No.31/2009/KGM, dated 06- 10-2009, is illegal and arbitrary, and consequently to declare that the petitioners are entitled to continue in possession and enjoyment of the residential houses and vacant lands in Survey No.48/1-A (47/5) to an extent of 0.08 cents, 0.09 cents and 0.06 cents situated at Chunchupalli Village, Kothagudem Mandal, Khammam District, till disposal of the said appeal. In the affidavit, filed in support of the Writ Petition, it is stated that the petitioners are non-tribals and that they have purchased the lands admeasuring 0.08 cents, 0.09 cents and 0.06 cents in Survey No.47/5 from their lawful vendors, who are non-tribals, on 20th June, 1968 i.e., before prohibition of transfer interse non-tribals by amended Regulation 1 of 1970 to the Andhra Pradesh (Scheduled Areas) Land Transfer Regulations, 1959 (for short ‘the Regulations’). It is further stated that the prohibition interse non-tribals came into effect only from 03-02-1970, and as such, their possession over the abovesaid lands is not in contravention of the Regulations. It is further stated that the third respondent filed a claim petition before the Special Deputy Collector, Bhadrachalam, claiming ownership and possession over lands admeasuring Ac.2-00 in Survey No.48/1-A and alleging that the petitioners herein have occupied the same. It is the case of the petitioners that though they are no way concerned with the said lands, they were impleaded as parties to the said claim petition and without recording any finding on the objections filed by them, the impugned eviction order vide LTR.Case No.31/2009/KGM, dated 06-10-2009, has been passed on the ground that their possession over the lands in Survey No.48/1-A was in contravention of the Regulations. By the said order, the Special Deputy Collector, Bhadrachalam, has ordered that the said lands be taken into Government custody so as to assign the same to eligible tribals as per the rules in force. It is stated that as against the said eviction order, petitioners have filed an appeal along with an application seeking interim stay before the first respondent-Additional Agent to Government on 11-01- 2010, but however, no orders have, so far, been passed. It is the grievance of the petitioners that during pendency of the appeal and the stay petition before the appellate authority, respondents are taking steps for their eviction. Heard learned Counsel for the petitioners and the learned Government Pleader for Social Welfare appearing for the respondents. In view of pendency of the petitioners’ appeal before the first respondent, this Writ Petition is disposed of at the admission stage. The questions as to, whether the petitioners are in possession of the lands in Survey No.48/1-A or not and, if so, whether their possession thereon is in contravention of the Regulations or not, are required to be considered by the first respondent-appellate authority. In view of the pendency of the appeal before the appellate authority, it is not desirable to record any finding on merits at this stage. Since the petitioners claim title and possession over the lands in Survey No.47/5 from 20th June, 1968, I deem it appropriate to dispose of the Writ Petition with a direction to the first respondent to dispose of the appeal filed by the petitioners on 11-01-2010, as expeditiously as possible. Till final orders are passed in the said appeal and communicated to the petitioner, eviction order passed by the Special Deputy Collector, Bhadrachalam, in L.T.R.Case No.31/2009/KGM, dated 06- 10-2009, shall remain suspended. Subject to the above directions, the Writ Petition is disposed of. There shall be no order as to costs. _________________ R.Subhash Reddy, J Dated 3rd February, 2010 lur