IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5899 of 2008 Between: Balagonda Nookaraju S/o Govindu R/o Krishnunipalem Village, Gokavaram Madnal, E.G. District. ..... PETITIONER AND 1 The Additional Agent to the Government Rampachodavaram, East Godavari District. 2 The Agency Divisional Officer, Rampachodavaram, East Godavari District. 3 The Tahsildar, Devipatnam, East Godvari District. 4 The Special Deputy Tahsildar, Tribal Welfare, Devipatnam Mandal, East Godavari District. .....RESPONDENT(S) 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 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 petitioner from the land to an extent Ac. 1.00 cents in Sy. No. 128/1 situated at Pedabheempalli Village, Devipatnam Mandal, East Godavari District in pursuance of the order made in ADO LTR No.77/2007 dt 28-1-2008 as highly illegal, arbitrary and violative of Art. 14 and 21 of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from her land pending disposal of the Appeal filed before the 1st respondent in the interest of justice and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. The Agency Divisional Officer, Rampachodavaram, passed orders in his proceedings in ADO LTR Case No.77/2007 against the writ petitioner herein on 28.01.2008 ordering his ejectment from out of the land to an extent of Ac.1.00 in Sy.No.128/1 situated at Pedabhimpalli Village, Devipatnam Mandal, East Godavari District. It is not in dispute that against this order of the Agency Divisional Officer, an appeal is provided to the Additional Agent to the Government, Rampachodavaram, East Godavari District, under Section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959. The writ petitioner has asserted that such an appeal had been preferred before the Additional Agent to the Government, first respondent herein, on 05-02-2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Agency Divisional Officer, dated 28.01.2008, but the first respondent did not choose to pass orders either in the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the first respondent, it is only expected that it will be attended to at the earliest convenient time. If the appeal itself cannot be decided, the interlocutory application moved by the parties seeking urgent interim orders could be attended to in the meantime. In these set of circumstances, I consider it appropriate to direct the first respondent to entertain, hear and decide the appeal preferred against the orders of the Agency Divisional Officer, Rampachodavaram dated 28.01.2008 within six months from the date of receipt of a copy of this order. Till such time, the status quo existing as of now with regard to possession be maintained. It is, however, open to the first respondent to independently consider the interlocutory application moved by the writ petitioner herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of. (NOOTY RAMAMOHANA RAO, J) 19th March, 2008 skmr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Additional Agent to the Government, Rampachodavaram, East Godavari District. 2 The Agency Divisional Officer, Rampachodavaram, East Godavari District. 3 The Tahsildar, Devipatnam, East Godvari District. 4 The Special Deputy Tahsildar, Tribal Welfare, Devipatnam Mandal, East Godavari District. 4 2CCs to G.P. for Social Welfare. 5 2CD copies.