IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1323 OF 2009 Dt.04.12.2009 Between: Kaigala Surya Rao … Appellant And The Additional Agent to the Government East Godavari District at Rampachodavaram and others … Respondents Counsel for the Appellant: Sri M. Ramesh Kumar (for Sri S.R. Sanku) Counsel for the Respondents: G.P. for Social Welfare THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1323 OF 2009 JUDGMENT: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) The appellant, a tribal, succeeded in getting a settlement patta in his favour in respect of the land in question in the year 1974. Respondent No.2 unsuccessfully questioned the said patta before the hierarchy of officers under the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959 and the said proceedings attained finality with the order passed by the Commissioner of Survey, Settlements and Land Records, Andhra Pradesh, Hyderabad, on 3.10.1988 dismissing the appeal filed by respondent No.2. During the pendency of the said proceedings, the appellant initiated proceedings before the Deputy Collector (Tribal Welfare) Rampachodavaram, for ejection of respondent No.2. By order dt.13.8.1985, the Deputy Collector ordered for ejection of respondent No.2. Questioning the said order, respondent No.2 filed C.M.A. No.73 of 1985 before the Agent to the Government. While the said appeal was pending, the Government issued G.O. Ms. No.193, dt.17.4.2002 creating the post of Additional Agent and directing transfer of appeals to him. The said G.O. was questioned in a batch of Writ Petitions and a Division Bench of this Court by judgment dt.9.8.2007 upheld the said G.O. As there was stay of hearing of all the cases by the Additional Agent, the appeal, pending since 1985, was not disposed of. After disposal of the Writ Petitions by this Court upholding the G.O., respondent No.1, to whom the appeal was made over and renumbered as C.M.A. No.54 of 2008, issued notice to the appellant. Feeling aggrieved by the said notice, the appellant filed Writ Petition No.18303 of 2009, which was dismissed by the learned Single Judge. After hearing the learned Counsel for the parties, we are of the view that the order under appeal does not suffer from any error because on account of the reasons narrated above, the appeal, which has been pending since 1985, has not been disposed of. After the dispute regarding the competence of respondent No.1 was settled, a notice has been issued. Therefore, the said proceedings cannot be interdicted at the instance of the appellant at this stage. The Writ Appeal is therefore dismissed. However, since the appeal is pending for nearly twenty-five years, respondent No.1 is directed to dispose of the same on merits after hearing both the parties within a period of six weeks from the date of receipt of a copy of this order. As a sequel to dismissal of the Writ Appeal, W.A.M.P. No.2788 of 2009, filed by the appellant for interim relief, is dismissed as infructuous. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 04.12.2009 bnr Note: C.C. in three days. (B.O) bnr