HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2901 of 2008 Dated 14th February, 2008 Between Vaddi Nagaiah and anr …Petitioners and The Addl. Agent to Government cum Project Officer, Integrated Tribal Development Agency (ITDA), Bhadrachalam Khammam District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2901 of 2008 ORDER: This Writ Petition is filed questioning the eviction order dated 5- 1-2008 passed in case No.223/2003/PVC by the Special Deputy Collector, Tribal Welfare, Bhadrachalam, Khammam District in exercise of powers under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. The petitioners claim to be the owners and possessors of the land admeasuring Ac.2.02 guntas, Ac.2.08 guntas, Ac.0.20 guntas covered by Sy.Nos. 96, 105 and 104 respectively of Yanamballu village of Paloncha Mandal in Khammam District. It is stated that the petitioners had purchased the said lands from its previous owner, by name C.Pullaiah, on 8-4-1968 and 5-3-1968, i.e. prior to the enforcement of prohibition for transfer of lands belonging to tribals under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. It is the case of the petitioners 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 5-1-2008 in case No. 223/2003/PVC. It is stated that against the said order, the petitioners had preferred appeal before the first respondent-appellate authority on 11-2-2008 along with an application for grant of interim order. It is the grievance of the petitioners that though appeal is preferred against the eviction order, but, no order have been passed by the appellate authority either on the appeal or stay application, and, on the other hand, the respondents are taking steps to enforce the order of eviction. It is the case of the petitioners that they had purchased the lands in question on 8-4-1968 and 5-3-1968, i.e. prior to the Regulation prohibiting transfers came into force on 3-2-1970 by way of amended Regulation 1/1970 to Regulation 1/1959. Whether the said transfer of the lands in question 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. As much as the petitioners had preferred appeal, and the same is pending consideration, 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 petitioners had purchased the subject land in the year 1968 and they are in continuous and interrupted possession of the same, and, further, the appeal filed by the petitioners is pending consideration, I dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal filed by the petitioners on 11-2-2008 as expeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 5-1-2008 till the disposal of the appeal and allow the petitioners 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: 14-02-2008. Msnr.