IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27365 of 2008 Between: 1 Boggavarapu Murahari Rao, S/o. Late Laxminarayana, H.No.8-2-401, R & B Road, Bandarugudem, Manuguru Mandal, Khammam District. 2 Bolukonda Murali, S/o. Late Venkataramaiah, H.No.8-2-404, R & B Main Road, Bandarugudem, Manuguru Mandal, Khammam District. 3 Rayala Rani, W/o. Late Satya Babu, H.No.8-2-405, R & B Main Road, Bandarugudem, Manuguru Mandal, Khammam District. 4 Buddi Ramakrishna, S/o. Late Rayamallu, H.No.8-2-406, R & B Main Road, Bandarugudem, Manuguru Mandal, Khammam District. ..... PETITIONERS AND 1 The Addl.Agent to Government-cum-Project Officer, Integrated Tribunal Development Agency (ITDA) At Bhadrachalam, Khammam District. 2 The Special Deputy Collector (TW) Bhadrachalam, Khammam District. 3 The Tahsildar, Manuguru Mandal, Khammam District. 4 The Station House Officer, Manuguru Police Station, Khammam District. 5 Badaru Nageswara Rao, S/o. Late Chinnabbai, R/o. Badarugudem, managuru Mandal, Khammam District. 6 Badaru Chinna Venkaiah, S/o Thirumalaiah, R&B Main Road, Bandarugudem, managuru 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No.1 herein not granting stay of the operation of the order dated 30.11.1987 in Case No.232/MGR/87 of the 2nd respondent herein, and in not disposing of the stay application and appeal as illegal, arbitrary, unreasonable, contrary to the principles of natural justice and the provisions of A.P. Scheduled Area Land Transfer Regulations and also consequentially direct the respondents 2 to 4 herein not to evict the petitioners No.1 to 4 from house bearing 8-2-401, 8-2-404, 8-2-405 and 8-2-406 of land in Sy.No.228, 209 and 222 situated at R & B Main Road, Bandarugudem, Manuguru Taluka, Khammam District respectively, pending disposal of the appeal filed by the petitioners herein before the 1st respondent and pass Counsel for the Petitioner: MR.S.MADAN MOHAN RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27365 of 2008 ORDER: 1 Questioning the order dated 15.04.2008 passed by the second respondent the petitioner preferred an appeal before the first respondent. Along with the said appeal he also filed a petition seeking suspension of the order passed by the second respondent but no such orders were passed. Questioning the said inaction on the part of the first respondent, petitioner approached this Court and filed W.P.No.9362 of 2008 and this Court was pleased to dispose of the said Writ Petition by order dated 01.05.2008 directing the first respondent appellate authority to decide the said appeal on or before 15.07.2008. As the appeal was not disposed of despite the order being passed by this court, the petitioner again approached this court and filed another Writ Petition No.19202 of 2008. On the basis of the submissions made by the learned Government Pleader that the appeal as well as the stay application were posted for hearing on 06.12.2008, this Court by its order dated 02.12.2008 disposed of the said Writ Petition directing the first respondent appellate authority to decide the appeal itself within a period of two weeks from that day, and, if for any reason the appeal could not be disposed of, the first respondent shall decide the stay application within the stipulated time. However, till such time interim stay of dispossession was granted. But, as the appellate authority was on leave, the appeal could not be taken up on 06.12.2008 and now the matter stands posted to 20.12.2008. As the interim stay granted by this Court expires by 16.12.2008 i.e. today, the petitioner filed the present Writ Petition. 2 Having heard the learned counsel for the petitioner the order passed by the second respondent is suspended for a period of six weeks from today. However, in the meanwhile, the first respondent appellate authority shall decide the stay application filed along with the appeal, by the petitioner, in accordance with law, and for any reason if the stay application is not decided, the interim order of suspension shall continue till the said stay application is disposed of. 3 With the above directions, the Writ Petition is disposed of at the stage of admission. No order as to costs. -------------------------- SRI T.G.K, J. 16.12.2008 kvsn