The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.1838 of 2010 Order: In this Writ Petition, petitioner seeks declaration, by way of Mandamus, that the action of the respondents in taking steps to distribute the land admeasuring Ac.3-17 guntas in Survey No.4, situated at Aswapuram Village, Aswapuram Mandal of Khammam District, in spite of pendency of his appeal and stay petition filed before the second respondent as against the eviction order, dated 17- 09-2008, in LTR Case No.177 of 2008, passed by the first respondent, as illegal and arbitrary. In the affidavit, filed in support of the Writ Petition, it is stated that the petitioner is a non-tribal and he has purchased the abovesaid land from another non-tribal on 15th February, 1969 i.e., before prohibition of transfer interse non-tribals by amended Regulation 1 of 1970 to the Andhra Pradesh (Scheduled Areas) Land Transfer Regulations, 1959 (for short ‘the Regulations’). It is further stated that though he has been in continuous possession thereof, the first respondent-Special Deputy Collector has passed the impugned eviction order on the ground that his possession is in contravention of the Regulations. By the said order, the first respondent has ordered that the said land be taken into Government custody so as to assign the same to eligible tribals as per the rules in force. It is further stated that the said order was not served on the petitioner immediately and after its service on him, he has preferred an appeal as provided under the Regulations along with an application seeking interim stay before the second respondent-appellate authority on 4th January, 2010, but, no orders, either interim or final, have yet been passed therein. As the respondents are, in the meantime, taking steps for the petitioner’s eviction from the land in question, this Writ Petition has been filed. Heard learned Counsel for the petitioner and learned Government Pleader for Social Welfare appearing for the respondents. In view of pendency of the petitioner’s statutory appeal, which is stated to be pending consideration before the second respondent, this Writ Petition is disposed of at the stage of admission. Whether the petitioner’s possession is in contravention of the Regulations or not is a matter, which is now seized of before the second respondent-appellate authority. In view of pendency of statutory appeal, it is not desirable to record any finding on the said aspect at this stage. Be that as it may, as it is stated that the petitioner has purchased the said land in the year 1969 itself and has been in continuous and uninterrupted possession thereof, and as the first respondent did not order restoration of the land in question to the transferor and has merely ordered that the said land be taken into Government custody, I deem it appropriate to dispose of the Writ Petition directing the second respondent-appellate authority to dispose of the appeal as expeditiously as possible. Till disposal of such appeal, eviction order, dated 17-09-2008, in LTR Case No.177 of 2008, passed by the first respondent shall remain suspended. Subject to the above directions, the Writ Petition is disposed of. There shall be no order as to costs. _________________ R.Subhash Reddy, J Dated 3rd February, 2010 Note: Furnish CC in three days. (B/o) lur