IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3985 of 2008 Between: Kola Krishna, s/o. Late Veeranna, R/o. Garagalampalem Village, Devipatnam Mandal, East Godavari District. ..... PETITIONER AND 1 The Additional Agent to the Government, Rampachodavaram, East Godavary District. 2 The Special Deputy Collector, Tribunal Welfare, Rampachodavaram, East Godavary District. 3 The Tahsildar, Devipatnam Mandal, East Godavary District. 4 Konjam Subba Rao, S/o. Tammanna Dora, R/o. Uppayyapalem Village, Devipatnam (M), 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 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 ladn to extent of Ac. 2.50 cents in R.S.No. 293/6 of R/o. Uppayyapalem Village, Devipatnam (M), East Godavari District in pursuance of the order passed by the 2nd respondent in LTRP No. 79/2005, dt. 9-10-2007 pending disposal of the appeal filed before the 1st respondent as illegal, arbitrary and unjust and consequently direct the respondents not to evict the petitioner from the above mentioned land pending disposal of the appeal in the interest of justice and to pass Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following 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 Ac.2.50 cents in RS.No.293/6 of Uppayyapalem village, Devipatnam Mandal, EG District, in pursuance of the order passed by the second respondent in LTRP No.79/2005 dated 9- 10-2007 pending disposal of the appeal filed before the first respondent as illegal, arbitrary and unjust and consequently direct the respondents not to evict the petitioner from the above mentioned land pending disposal of the appeal 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” It is submitted by the learned Counsel for the petitioner that with regard to the land to an extent of Ac.2.50 cents covered by RS.No.293/6 of Uppayyapalem village, Devipatnam Mandal, EG District, the petitioner was granted rytwari patta under the A.P. Scheduled Areas Rytwari Settlement Regulation 2 of 1970. It is submitted that there is no transfer in contravention 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 A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and by order dated 9-10-2007 passed in LTRP.No. 79 of 2005 ordered eviction of the petitioner from the land in question. It is further submitted that as against the said order of the primary authority, the petitioner preferred appeal on 12-2-2008 as contemplated under said Regulation 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, he has come up with this Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents. From a perusal of the eviction order passed by the Special Deputy Collector, Tribal Welfare, second respondent herein, there is no indication of recording any finding with regard to violation of the transfer so as to pass an order of eviction under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. However, in view of the pendency of the appeal preferred by the petitioner against the order of eviction dated 9-10-2007, it is not desirable to record any finding on the said transaction. As much as the appeal preferred by the petitioner is pending consideration, I dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal filed by the petitioner on 12-2-2008 as expeditiously as possible, by giving opportunity to the petitioner. Till the disposal of the said appeal, the order dated 9-10-2007 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 and communication of the order on appeal to be passed by the first respondent. 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: 26-02-2008 Msnr.