IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 6561 of 2008 Between: 1 Udathaneni Narasimha Rao, s/o. Appaiah, R/o. Udathaneni Gumpu, Bandarigudem, Manuguru Mandal, Khammam District. 2 Udathaneni Bhaskar Rao, s/o. Appaiah, R/o. Udathaneni Gumpu, Bandarigudem, Manuguru Mandal, Khammam District. ..... PETITIONERS AND 1 The Additional Agent to Government and Project Officer, Integrated Tribunal Development Authority, Bhadrachalam, Khammam District. 2 The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District. 3 The Tahsildar, Manuguru Mandal, Khammam District. 4 Munigela Venkataiah, S/o. Krishna Murthy, R/o. Kamalapuram Village, Manuguru Mandal, Khammam District. .....RESPONDENTS 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 orders, directions and more particularly in the nature of Writ of Mandamus declaring that the acts of the 1st respondent in not passing any orders on the suspension petition in L.T.R. Appeal dated 15-3-2008 filed against the order dated 17-11-2007 in LTR Case No. 352 and 353/2007/MGR, passed by the 2nd respondent is illegal, arbitrary and violative of principle of law and justice and much against to the legal and fundamental rights guaranteed under the constitution of India the consequently direct the respondents not to interfere with the land admeasuring acres 10 in survey Nos. 156/40 and 156/41 situated at Annaram Village, Manuguru Mandal, Khammam District during the pendency of the L.T.R. Appeal before the 1st respondent in the interest of justice. Counsel for the Petitioner : Sri Palivela Satya Raja Babu Counsel for Respondent Nos.1 to 3: GP for Social Welfare The Court made the following O R D E R: Heard the learned counsel for the petitioners and the learned Government Pleader for Social Welfare. The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District passed orders in his proceedings in Case No. 352 and 353/2007/MGR against the writ petitioners herein on 17.11.2007 ordering their ejectment from out of the land of an extent of Ac.10.00 in Survey Nos. 156/40 and 156/41 of Annaram Village of Manuguru Mandal, Khammam District. It is not in dispute that against this order of the Special Deputy Collector, an appeal is provided to the Additional Agent to the Government and Project Officer, Bhadrachalam, under Section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959. The writ petitioner has asserted that such an appeal had been preferred and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Special Deputy Collector, Bhadrachalam dated 17.11.2007, but the 1st 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 1st 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 1st respondent to entertain, hear and decide the appeal preferred against the orders of the Special Deputy Collector, Bhadrachalam dated 17.11.2007 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 1st respondent to independently consider the interlocutory application moved by the writ petitioner herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 27th March, 2007 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}