IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14560 of 2009 Between: Kandimalla Sudha Rani W/o. Narasimha Rao R/o. H.No. 7-1-327/1, Manuguru Village & Mandal, Khammam District. .... PETITIONER AND 1 The Additional Agent to the Government & Project Officer I.T.D.A., Bhadrachalam, Khammam District. 2 The Special Deputy Collector (T.W) Bhadrachalam, Khammam District. 3 The Tahsildar Manuguru Khammam District. 4 Munigela Venkataiah S/o. Kistappa R/o. Annaram Village, Manuguru 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 Writ order or direction more particularly in the nature of writ of Mandamus, declaring that, the very cognizance of the appeal in C.M.A. No. 9/2009 filed by the 1st respondent being a 3rd party to the order of the 3rd respondent dated 30-05-2008 in L.T.R. Case No. 59/2008/MGR and the consequent issue of order by the 2nd respondent dated 13-05-2009 for stay of the order dated 30-05-2008 in L.T.R. Case No. 59/2008/MGR as illegal, arbitrary, violative of the Principles of Natural justice, ultravires the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/1970 and without authority & jurisdiction, and consequently prayed to quash the C.M.A. No. 9/2009 as well the exparte order dated 13-05-2009 passed in C.M.A. No. 9/2009 on the file of the Additional Agent to the Government & Project Officer, I.T.D.A., and pass such other order or orders as the Hon’ble Court deems fit and proper in the circumstances of the case and in the interest of justice. Counsel for the Petitioner : MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14560 of 2009 ORDER: The petitioner herein claims to be in possession and enjoyment of Ac.5-00 guntas of agricultural land situated in Sy.No.156/40 of Annaram village, Manuguru Revenue Mandal, Khammam District. This writ petition is filed seeking a declaration that the proceedings in C.M.A.No.9 of 2009 on the file of the 1st respondent- Additional Agent to the Government, Bhadrachalam, are arbitrary, illegal and without jurisdiction. I have heard the learned counsel for the petitioner and perused the material on record. On a complaint made by the 4th respondent herein, eviction proceedings were initiated against the petitioner under A.P. Scheduled Area Land Transfer Regulation, 1959 (Regulation 1 of 1959) and after due enquiry, by order dated 30.5.2008, the proceedings were dropped by the 2nd respondent-Special Deputy Collector (Tribal Welfare), Bhadrachalam. As against the said order, the third respondent- Tahsildar, Manuguru, Khammam District preferred CMA.No.9 of 2009 before the 1st respondent and having entertained the appeal, the first respondent, by order dated 13.5.2009, granted stay of the 2nd respondent’s order dated 30.5.2008 till disposal of the appeal. The said order is under challenge in this writ petition contending inter alia that the appeal itself is not maintainable as the third respondent is not an aggrieved party. It is also contended that the first respondent committed a grave error in granting stay till disposal of the appeal without issuing notice to the petitioner. Since admittedly, the proceedings are pending before the 1st respondent, it is neither necessary nor proper for this Court to go into the merits of the case and express any opinion as to the tenability of the contentions raised by the petitioner. Instead, I deem it appropriate to dispose of the writ petition granting liberty to the petitioner to make an appropriate application before the 1st respondent within two weeks from the date of receipt of this order raising all the objections as available under law and seeking to vacate the interim order dated 13.5.2009 passed by the 1st respondent. If any such application is made, the first respondent shall receive the same and pass appropriate orders in accordance with law within four weeks thereafter. Till such time, status quo obtaining as on today as to the nature and possession of the land in question shall be maintained. The writ petition is disposed of accordingly. No costs. ____________ G.ROHINI, J 21st July 2009 Note: Issue CC In 3 Days (B/O) RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14560 of 2009 DATED : 21-07-2009