IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12481 of 2008 Between: 1 Yamana Posayya @ Tata Rao S/o. Veeranna R/o. Indukuru (V), Devipatnam (M), East Godavari District. 2 Yamana Surya Prakasa Rao S/o. Tata Rao R/o. Indukuru (V), Devipatnam (M), East Godavari District. ..... PETITIONERS AND 1 The Additional Agent to the Government, Rampachodavaram, East Godavari District. 2 The Agency Divisional Officer, Rampachodavaram, East Godavari District. 3 The Tahsildar, Devipatnam, E.G. District. 4 The Special Deputy Tahsildar, Devipatnam, E.G. 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 writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in evicting the petitioners from the land to an extent of Hec.1.88 cents in Sy.No.249/2 of Lothupalem Village, Devipatnam Mandal, East Godavari District in pursuance of the order passed by the 2nd respondent in ADO LTR no. 53/2007, dt.11.2.2008 pending disposal of the appeal filed before the 1st respondent as illegal, arbitrary and unjust and consequently direct the respondents not to evict the petitioners from the above mentioned land pending disposal of the appeal in the interest of justice and to pass Counsel for the Petitioners: MR.K.VENKATESH Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : ORDER: The petitioners state that they are owners and possessors of an extent of 1.88 Hectors of land in Sy.No.249/2 of Lothupalem Village, Devipatnam Mandal, East Godavari District. The fourth respondent initiated proceedings for eviction of the petitioners under the provisions of the A.P. Scheduled Areas Land Transfer Regulations, 1959 as amended by Regulations 1/70 for restoration of the land to the Government. After receipt of notice, the petitioners contested the matter. The Agency Divisional Officer, Rampachodavaram, the second respondent herein, passed orders evicting the petitioners from the land in question. There upon, the petitioners preferred an appeal as provided under the Regulations 1/70 before the Additional Agent to the Govenemnt, Rampachodavaram-the first respondent herein. They also moved an application seeking interim stay. It is their case that the appellate authority has not taken up the interim application, instead the Tahsildar, Devipatnam-the third respondent is proceeding with the execution of the order passed by the second respondent. Hence the petitioners invoked the jurisdiction of this Court under Article 226 of the Constitution of India. Heard learned counsel appearing for the petitioners and learned Government Pleader appearing for respondents 1 to 4. Indisputably, the appeal filed by the petitioners is pending before the first respondent. The petitioners are in possession of the property. It appears that they also moved an application seeking interim stay of the proceedings issued by the second respondent. Such is the situation, I deem it appropriate to direct the first respondent to consider the appeal presented by the petitioners and pass appropriate orders. Status quo exiting as on today with regard to possession of the land shall be maintained till the application seeking interim relief or the appeal is disposed of which ever is earlier. Accordingly, the Writ Petition is disposed of at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 17th June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Secretary, Government of India, Ministry of Home Affairs, Freedom Fighter's Division (HC), Lok Nayak Bhavan, Khan Market, New Delhi. 2 The Under Secretary to Government of India, Ministry of Home Affairs, Freedom Fighter's Division (HC), Lok Nayak Bhavan, Khan Market, New Delhi. 3 The Pay & Accounts Office, (Pension & Mise.), Ministry of Home Affairs, 2/10, Jamnagar House, NEW DELHI-1. 4. 2 CD copies. Form-NIC-OGS/WP{TRT}