IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12912 of 2009 Between: 1 Yamana Posayya @ Tata Rao S/o.Verranna Indukuru(V) Devipatnam(M) E.G District 2 Deevara Chandramma W/o.Lovaraju Indukuru(V) Devipatnam(M) E.G District 3 Yamana Sarya Prabhakar Rao S/o Tata Rao Indukuru(V) Devipatnam(M) E.G District .... PETITIONERS AND 1 The Additional Agent to the Government Rampachodavaram East Godavari District 2 The Special Deputy Collector(TW) Ramapachodavaram East Godavari District 3 The Special Deputy Tahasildar(TW) Devipatnam(M) East Godavari District 4 The Tahasildar Devipatnam(M) East Godavari District 5 The Government of A.P Social Welfare(LTR-2) Department Secretariat, Hyderabad rep.by its Principal Secretary ....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 writ or order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in ejecting the petitioners from the land to an extent of Hec Ac 1-88 in S.No.249/2 of Lothupalem(V) Devipatnam(M) East Godavari District in pursuance of the order of ejectment passed by the 1st respondent in C.M.A 31 of 2008 Dt 15-4-2009 and also the order passed by the 2nd respondent in ADO LTRP No 53/2007 Dt 11-02- 2008 as illegal arbitrary and in violation of principles of Natural Justice and also violation of Art 14 and 300-A of the Constitution of India and consequently set aside the orders passed by the Respondents No 1&2 and consequently direct the respondents not to evict the petitioners from the above land pending disposal of the Revision preferred before the 5th respondent in the interest of justice and to pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.N.GOWRI SHANKER Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12912 of 2009 ORDER: The petitioners herein claim to be in possession and enjoyment of land to an extent of Hec. 1-88 in S.No.249/2 of Lothupalem village of Devipatnam Mandal, East Godavari District. The 2nd respondent- Agency Divisional Officer, Rampachodavaram, by order dated 11.2.2008, made under Section 3(1) of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 ordered ejectment of the petitioners from the land in question. Aggrieved by the same, the petitioners preferred C.M.A.No.31 of 2008 before the 1st respondent, Additional Agent to the Government, Rampachodavaram. The said appeal was dismissed, by order dated 15.4.2009 confirming the order of the 2nd respondent. Challenging the same, the petitioners preferred a Revision Petition before the 5th respondent, Government of Andhra Pradesh along with an application for stay of the ejectment ordered by the 2nd respondent. However, the petitioners’ Revision Petition has not been considered and no order has been passed even on his application for stay. In the meanwhile, since there is threat of dispossession on the basis of the ejectment order dated 11.2.2008, the present writ petition is filed. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Social Welfare appearing for the respondents. Since the Statutory Revision is pending before the 5th respondent, it would be appropriate to protect the possession of the petitioners till the said Revision Petition is disposed of in accordance with law. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with a direction to the 5th respondent to dispose of the Revision Petition pending on its file, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. Till such time, the order of ejectment passed by the 2nd respondent-Agency Divisional Officer, Rampachodavaram, dated 11.2.2008 as confirmed on appeal by the 1st respondent-Additional Agent to the Government, shall remain suspended. Writ petition is accordingly disposed of. No costs. ____________ G.ROHINI, J 01-07-2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 12912 of 2009 DATED : 01-07-2009