IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13722 of 2008 Between: Tekula Lalaiah, S/o. Muthaiah R/o. Pedamidisileru Village, Cherla Mandal, Khammam District. ..... PETITIONER AND 1 The Agency Divisional Officer and Sub Collector, Bhadrachalam, Khammam District. 2 The Additioal Agent to the Government and Project Officer I.T.D.A., Bhdrachalam, Khammam District. 3 The Tahsildar, Mandal Revenue Office, Cherla Mandal, Khammam District. 4 Bendaboina Yerra Lingaiah S/o. Yerraiah R/o. Pedamidisileru Village, Cherla Mandal, 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 issue a writ, order or direction more in the nature of Mandamus declaring the action of the respondent No.2 in not disposing the statutory appeal filed against the orders passed by the first respondent in LRT Case No.5/CHRL/2008 dated 29.03.2008 communicated on 23.05.2008 in spite of filing statutory appeal against the orders before the 2nd respondent on 17.06.2008 in respect of the lands and taking steps to dispossess the petitioner from the lands situated in Sy.No.26/4 to an extent of Acres 1-60 situated at Pedamidisileru (Z), Cherla Mandal of Khammam District as arbitrary, illegal and violative of Article 14, 21 and 300(A) of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the said lands till the disposal of the statutory appel and to pass Counsel for the Petitioner:MR.P.V.RAMANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13722 OF 2008 ORDER: 1. Petitioner is the owner and possessor of Ac.1-60 cents comprising Survey No.26/4 situated at Pedamidisileru (Z), Cherla Mandal of Khammam District. 2. Proceedings have been initiated by the Agency Divisional Officer and Sub-Collector, Bhadrachalam, Khammam District for eviction from the land admeasuring Ac. 1-60 cents on the ground that his possession is in contravention of Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1/1959 as amended by Regulation 1/1970. The primary authority, on full fledged enquiry ordered for eviction of the petitioner. Thereupon, the petitioner filed statutory appeal provided under Regulation 1/1970 before the Additional Agent to the Government and Project Officer, I.T.D.A. Bhadrachalam, Khammam District. He also moved application seeking interim suspension of the Agency Divisional Officer and Sub-Collector, Bhadrachalam-1st Respondent pending appeal. Since no orders have been passed on the said application, the petitioner approached this Court by invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare appearing on behalf of the Respondents. 4. The factual aspect of petitioner filing an appeal before the Additional Agent to the Government and Project Officer, I.T.D.A. Bhadrachalam, Khammam District-2nd Respondent is not in dispute. 5. In that view of the matter, I deem it proper to dispose of the writ petition directing the Additional Agent to the Government and project Officer, I.T.D.A. Bhadrachalam, Khammam District-2nd Respondent to consider the appeal and pass appropriate orders thereon. There shall be status quo with regard to the possession till disposal of the appeal filed by the petitioner before the 2nd Respondent or till the disposal of the application seeking interim stay, whichever is earlier. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 30th June, 2008. Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13722 OF 2008 30th June, 2008.