HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2037 of 2008 Dated 5th February, 2008 Between Smt. Badireddy @ Ponnuri Surya Bhaskaram …Petitioner and The Additional Agent to Government, Rampachodavaram, East Godavari District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2037 of 2008 ORDER: This Writ Petition is filed with the prayer as follows: “……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 of Hc.0.80 (Ac.2.00 cents) in Sy.No. 396/3 (Old.Sy.No.51) situated at Indukuru village, Devipatnam Mandal, EG District, as highly illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently set aside all further proceedings initiated by the respondents in pursuance of the order passed by the second respondent in ADO LTR No.25/2007 dated 31-12-2007 including eviction pending disposal of the appeal filed before the first respondent under the provisions of AP Scheduled Areas Land Transfer Regulations in the interest of justice and to pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case” The petitioner claims to be the owner and possessor of the land to an extent of Hc.0.80 (Ac.2.00 cents) covered by Sy.No. 396/3 (Old Sy.No.51) of Indukuru village, Devipatnam Mandal in East Godavari District. It is stated that the said land was given to the petitioner by way of ‘Pasupu-kunkuma’ in the year 1970 and she obtained registered sale deed subsequently. It is further stated that though the said transfer of the land is not in violation of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, but, however, the second respondent initiated proceedings against the petitioner under the said Regulations and passed order dated 31-12- 2007 in Proceedings No.ADOLTR.No.25/2007 for eviction from the land in question. It is further stated that as against the said order of the primary authority, the petitioner preferred appeal on 28-1-2008 as contemplated under Regulation 8(1) of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, along with an application for grant of stay and the same is pending consideration. On the ground that in spite of the appeal filed by the petitioner, no orders have been passed and on the other hand, respondents are taking steps for eviction of the petitioner, she has come up with this Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents. Whether the transfer of the subject land in favour of the petitioner is in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/ 1959, as amended by Regulation 1/1970 or not, is a matter which is required to be considered by the appellate authority. In view of the pendency of the appeal, it is not desirable to record any finding on the said transaction at this stage. As much as, it is stated that the subject land was given to the petitioner by way of ‘Paspu-kumkum’ in the year 1970 and since then she is continuous possession of the said land, and, further, the appeal filed by her before the appellate authority is pending consideration, I deem it appropriate to hold that any eviction at this stage will result in hardship to the petitioner. In that view of the matter, I dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal filed by the petitioner on 28-1-2008 as expeditiously as possible, by giving opportunity to her. Till the disposal of the said appeal, the order dated 31-12-2007 passed by the second respondent shall remain suspended and there shall be a further direction to the respondents to allow the petitioner to be in possession of the subject land, pending disposal of the appeal Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 05-02-2008 Msnr.