IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16021 of 2008 Between: Lanka brahmaji S/o katam Swamy R/o. Molleru Vilalge, Gangavaram (M), East Godavari District. ..... PETITIONER AND 1 The Addl. Agent to the Govt. East Godavari District at Rampachodavaram. 2 The Special Deputy Collector (T.W), East Godavari District at Rampachodavaram. 3 The Mandal Revenue Officer, Gangavaram, East Godavari District. 4 The Spl. Deputy Tahsildar (T.W), Gangavaram, East Godavari District. 5 The Govt. of A.P. Rep by its Prl. Secretary, Social Welfare Department, Secretariat, Hyderabad. .....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 issue appropriate writ or order or direction more pargicularly one in the nature of Writ of Mandamus declaring action of the respondents in dispossesing the petitioner from the land to an extent of Ac. 3.40 cents in Sy.No. 185/2 of Molleru Village, Gangavaram Mandal, East Godavari District in pursuance of the order passed by the 1st respondent in CMA No. 68/2005 dt. 7-5-2008 as illegal, arbitrary and unjust and consequently direct the respondents not to dispossess the petitioner from the above mentioned land pending disposal of the revision filed before the 5th respondent in the interest of justice and to pass such other order or orders. Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16021 OF 2008 ORDER: 1. This writ petition has been filed by Lanka Brahmaji, assailing the action of revisional authority-Mandal Revenue Officer-3rd Respondent in contemplating to dispossess him from the land admeasuring Ac.3-40 cents situated in Survey No. 185/2 of Molleru village, Gangavaram Mandal East Godavari District pending revision before the Government of A.P. represented by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad-5th Respondent. 2. The petitioner is in possession and enjoyment of the land admeasuring Ac.3-40 cents in Survey NO. 185/2 of Molleru village, Gangavaram Mandal, East Godavari District. Proceedings have been initiated against him for ejectment from the land on the ground that his possession is in contravention of A.P. Scheduled Area Land Transfer Regulation 1 of 1959 as amended by Regulation 1/1970. The primary authority held that the possession of the petitioner in respect of the land is not in contravention of the provisions of the A.P. Scheduled Area Land Transfer Regulation 1 of 1959 as amended by Regulation 1/1970. On appeal being C.M.A.No.68 of 2005, the appellate authority reversed the finding of the primary authority by order dated 7-5-2008. Thereupon, the petitioner filed revision before 5th Respondent, and also moved stay application pending the appeal. The Mandal Revenue Officer-3rd Respondent is contemplating to dispossess the petitioner. Hence, this writ petition. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of the respondents. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare for Respondents. 5. The fact of petitioner filing revision assailing the order passed by the Additional Agent to the Government –1st Respondent in C.M.A.No.68 of 2005 is not in dispute. He also moved application seeking suspension of the order of the primary authority. Both the appeal and the stay application are stated to be pending. 6. In that view of the matter, the writ petition is disposed of directing the parties to maintain status quo pending disposal of the revision of the petitioner or the application filed by the petitioner seeking interim suspension before the revisional authority, which ever is earlier. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 24th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16021 OF 2008 24th July, 2008.