HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1179 of 2008 Dated 25th January, 2008 Between Kudupa Shiva Kumar and anr …Petitioners and The Project Officer, Integrated Tribal Development, Agency and Additional Agent to Government, Khammam district, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1179 of 2008 ORDER: In this Writ Petition, the petitioners seek Writ of Mandamus to declare the action of the first respondent-appellate authority in not passing orders on the stay application in the appeal filed against the order of eviction dated 28-6-2005 passed in LTR Case No. 972/2000/MKP by the Special Deputy Collector (TW),Bhadrachalam, Khammam District, as illegal and arbitrary. The petitioners claim ownership and possession of the land admeasuring Ac.4.26 gts covered by Sy.No. 55 of Pasugudem Village, Mulakalapalli Mandal, Khammam district. It is stated that the petitioners had purchased the said land from the fourth respondent, a non-tribal, on 15-9-1961, and the said transaction is not in violation of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. It is the case of the petitioners that though the said transfer is not hit by the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, but, however, the Special Deputy Collector (TW), Bhadrachalam, initiated proceedings under the said Regulation and passed the order of eviction dated 28-6-2005 in LTR case No. 972/2000/MKP. It is stated that, on receipt of the eviction order on 3-12-2007, the petitioners have preferred appeal on 11-12-2007 along with an application for grant of interim order. It is the grievance of the petitioners that though they have filed appeal, the appellate authority did not exercise jurisdiction vested in it by not passing any order either on the appeal or stay application, and, on the other hand, the respondents are taking steps to enforce the order of eviction. Heard the learned Counsel for the petitioners and the learned Government Pleader appearing for the respondents. Whether the purchase of the subject land by the petitioners 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 go into merits of the case and record any finding on the said transaction at this stage. As much as, it is stated that the petitioners had purchased the subject land in the year 1961 and since then, they are in continuous and uninterrupted possession of the said land, and, further, the appeal filed by the petitioners is pending consideration, I dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal filed by the petitioners on 11-12-2007 as expeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 28-6-2005 till the disposal of the appeal and allow the petitioners to be in possession of the land in question. 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: 25-1-2008 Msnr.