IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7801 of 2008 Between: 1. B. Apparao, S/o. Poti Raju, R/O. Rajavommangi Village and Mandal, East Godavari District. 2. B. Rajababu, S/o. Poti Raju, R/O. Rajavommangi Village and Mandal, East Godavari District. ..... PETITIONERS AND 1.The Additional Agent to the Government, Rampachodavaram, East Godavary District. 2.The Special Deputy Collector (T.W), Ramapchodavaram, East Godavary District. 3.The Mandal Revenue Officer, Rajavommangi Mandal, East Godavari District. 4.Chittoji Rambabu, S/o. Seetayya, R/o. Rajavommangi Village and Mandal, East Godavary 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 may 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 Ac. 3.99 cents in Sy.No. 29/1 of Rajavommangi Village and Mandal, East Godavary District in pursuance of the order passed by the 2nd respondent in LTRP NO. 209/2004, dt. 28-12-2007 pending disposal of the appeal filed before the 1st respondent as illegal, arbitrary and unjust and consequently direct the respondent not to evict the Petitioners from the above mentioned land pending disposal of the appeal in the interest of justice. Counsel for the Petitioners: MR.K.VENKATESH Counsel for the Respondent Nos.1 to 3 : GP FOR SOCIAL WELFARE Counsel for the Respondent No.4: -- The Court made the following : O R D E R : The petitioners herein are in possession of Ac.3.99 cents in Survey No.29/1 of Rajavommangi village and mandal, East Godavari District. Proceedings were initiated before the Special Deputy Collector (TW), Rampachodavaram, East Godavari District-2nd respondent at the instance of Chittoji Rambabu-4th respondent for eviction of the petitioners from the lands in question on the ground that the transfer of land was in contravention of the A.P. Scheduled Areas Land Transfer Regulations, 1959. The primary authority passed orders on 28.12.2007 directing the petitioners to vacate the land. The petitioners filed statutory appeal before the Additional Agent to the Government, Rampachodavaram, East Godavari District-1st respondent. They also moved C.M.P. seeking interim stay. Since the appellate Authority did not pass any orders on C.M.P., the petitioners choose to approach this Court invoking jurisdiction under Article 226 of the Constitution of India, seeking protection of their possession over the land in question pending disposal of their appeal. 2. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for the respondents 1 to 3. 3. Indisputably the appeal filed by the petitioners before the appellate Authority-Additional Agent to the Government, Rampachodavaram, East Godavari District-1st respondent is pending consideration. The application seeking interim stay is also pending consideration. Such is the situation, I deem it appropriate to dispose of the writ petition directing Status quo with regard to the possession till the interim stay application filed by the petitioners is considered by the appellate Authority- the Additional Agent to the Government, Rampachodavaram, East Godavari District-1st respondent or till the disposal of the appeal itself whichever is earlier. 4. Accordingly, the writ petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:12th June, 2008. cs ..... ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Additional Agent to the Government, Rampachodavaram, East Godavary District. 2. The Special Deputy Collector (T.W), Ramapchodavaram, East Godavary District. 3. The Mandal Revenue Officer, Rajavommangi Mandal, East Godavari District. 4. 2 CCs to the Government Pleader for Social Welfare, High Court Buildings, Hyderabad. (OUT). 5. 2CD copies Form-NIC-OGS/WP{SPJS}