IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE NINETH DAY OF FEBRUARY, TWO THOUSAND NINE ONLY WRIT PETITION No.25398 of 2000 Between: Kasagani Venkateswarlu. … Petitioner And The State of A.P., reptd., by Special Deputy Tahsildar (TW), Eluru, West Godavari District and another. … Respondents Counsel for the petitioners: None Counsel for the respondents: AGP for Social Welfare. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Mandamus to declare the action of the respondents in interfering with the possession and enjoyment of the petitioner in respect of land admeasuring Ac.5.10 cents in R.S.No.124 of Gangannagudem village, Jeelugumilli Mandal, West Godavari District, as illegal, arbitrary and contrary to the provisions of the A.P. Scheduled Areas Land Transfer Regulation, 1959 (for short “Regulation 1 of 1959”) as amended by Regulation 1 to 1970. At the hearing, there is no representation for the petitioner. I have heard the learned Assistant Government Pleader for Social Welfare and perused the record. The petitioner is a resident of Gangannagudem village. He claims his right over the above-mentioned extent of land under a possessory agreement of sale, which was subsequently claimed to have been registered in the year 1970. He further claimed that when proceedings were initiated under the provisions of Regulation 1 of 1959 for his ejection, the petitioner filed an appeal before the Agent to the Government in SRA No.44 of 1983 and succeeded in it on 20-12-1983. The grievance of the petitioner is that from 17-11-2000 the respondent No.2 has been trying to dispossess him from the said land on the ground that the order of the Agent is not binding on him. No counter-affidavit is filed controverting the averments contained in the affidavit filed in support of the Writ Petition. I have perused the order in SRA No.44 of 1983 passed by the Agent to the Government, wherein he observed that the petitioner is a small farmer and is entitled to the concession given in G.O.Ms.No.129, Social Welfare Department, dated 13- 8-1979; and that the order of eviction of the petitioner from the scheduled land is kept in abeyance until receipt of further orders from the Government. The Agent, accordingly, allowed the appeal to that extent and modified the order of the primary authority. As no counter-affidavit is filed, it is reasonable to presume that the said order passed by the Agent to the Government is still in force. So long as the said order has not been modified or reversed, the respondents are not entitled to interfere with the possession of the petitioner in respect of the extent of Ac.5.10 cents of land comprised in R.S.No.124 of Gangannagudem village, Jeelugumilli Mandal, West Godavari District. The Writ Petition is, therefore, allowed. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:09-2-2009 MNR