IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17476 of 2008 Between: Sri Chunarkar Charandas S/o.Karya R/o. Babapur Village of Asifabad Mandal, of Adilabad District. ..... PETITIONER AND 1 The Additional Agent of State Government and Project Officer I.T.D.A Adilabad Hqrs. Utnoor,Adilabad District 2 Special Deputy Tahsildar(TW) Utnoor, O/o. Special Deputy Collector(Tribal Welfare) Utnoor, Adilabad District 3 The Tahsildar, Asifabad Mandal, Adilabad District 4 Sri Atram Govinda Rao Member of Raj Gond Seva Samithi R/o. Asifabad (Tribal) of Adilabad 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 any appropriate writ, order or direction more in the nature of writ of Mandamus directing the respondent to continue the petitioner in possession of the land bearing Sy.No.38 extent Ac. 14-83 cents and Sy.No..39 extent Ac.12-83 cents situated at Thumpelli Village, Asifabad Mandal, Adilabad District pending disposal of the Statutory Appeal filed by him against the order and ejectment decree passed by the 2nd respondent vide case No.TW A1/94/1995 dated 9-10-2007 by duly declaring the order passed by the 1st respondent rejecting the application filed for Stay pending disposal of the statutory appeal vide No.A4/LTR/19/2008 dt. 23-7-2008 as illegal, arbitrary, unjustified and contrary to the Scheduled Areas Land Transfer Regulations 1959 read with amended Regulation 1 of 1970. Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ has been filed by Chunarkar Charan Das assailing the order dated 23.7.2008 passed on the stay application pending the appeal before the Additional Agent to State Government and Project Officer, ITDA, Adilabad Head Quarters, Utnoor, Adilabad District. The petitioner claims to be in possession of Ac.4.58 cents comprising Sy.No.38 and Ac.12.83 cents comprising Sy.No.39 situated at Thumpelli Village, Asifabad Mandal, Adilabad District. Proceedings have been initiated against him on the ground that his possession is in contravention of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959 as amended by Regulation 1 of 1970. The primary authority ordered his ejectment from the land in question. He filed a statutory appeal before the Additional Agent to State Government and Project Officer, ITDA, Adilabad Head Quarters, Utnoor. He also moved stay application pending the appeal. His stay application came to be dismissed on 23.7.2008. The said order is under challenge in this writ petition. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of R1 to R3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents. Learned counsel appearing for the petitioner submits that the appellate authority without examining the material brought on record in right perspective proceeded to dismiss the stay application and therefore, the order impugned in the writ petition is liable to be set aside. Learned Government pleader for Social Welfare supported the order impugned in the writ petition. The primary authority ordered for ejectment of the petitioner from the land on 9.10.2007. The petitioner filed an appeal before the appellate authority. Learned counsel appearing for the petitioner submits that the petitioner entered into possession initially as a farm servant of one Diwakar Rao and subsequently purchased the same. Indisputably, the petitioner is a non tribal. He claims to be in possession of the property over a considerable period of time. In that view of the matter, I deem it appropriate to suspend the order passed by the primary authority pending the appeal subject to the petitioner depositing the amount at the rate of Rs.5,000/- per acre, each year, before the Primary Authority pending disposal of the appeal. He shall deposit the amount payable for the year 2007-2008 within one month from today and with regard to the ensuing years by 30th June of each year. Failing compliance of the amount as indicated above, interim suspension of the order of the primary authority shall stand vacated. Accordingly, writ petition is disposed of . No costs. __________ 12-08-2008 Note: Issue CC by two days (B.O)rkk