IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 5312 of 2008 Between: Prathpaneni Saroini W/o Late laxminarayana R/o Burada Raghavapuram (V) Enkur (M) Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Social Welfare Department (Tribunal Welfare) rep by its Secretary, Secretariat Hyderabad. 2 The Additional Agent to Government Bhadrachala, Khammam District. 3 The Special Deputy Collector (TW) Bhadrachalam, Khammam District. 4 The Tahasildar, Enkoor Mandal of Khammam 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 issue a Writ or direction preferably writ of Mandamus declaring the inaction of the 1st respondent in passing appropriate orders either on the stay petition or on the revision itself filed on 2-2-2008 against the order of the 2nd respondent passed in CMA. No. 193/2005 dt 22-9-2007 as illegal, arbitrary and violative of principles of natural justice and consequently direct the 1st respondent to consider and dispose of the stay petition or the revision itself within a reasonable time and further direct the respondents 2 to 4 or their subordinate staff not to dispossess the petitioner from possession and enjoyment of the property to an extent of Ac. 8-05 gts in Sy. No. 212 sitauted at Burada Raghavapuram Village, Enkoor Mandal, of Khammam District, and pass such other order this Hon'ble Court may deem fit in the interest of jutice. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondents.: GP FOR SOCIAL WELFARE The Court made the following : HON’BLE MR. JUSTICE GODA RAGHURAM W.P.NO. 5312 OF 2008 ORDER: This writ petition is filed by an individual who has preferred a revision to the State Government on 1.2.2008 against an order dt. 22.9.2007 passed by the Additional Agent to Government, Bhadrachalam, Khammam district in CMA No. 193 of 2005, by which order the said appellate authority rejected the petitioner’s appeal which was directed against the order of the (3rd respondent) Special Deputy Collector (TW), Bhadrachalam, dt. 26.5.205 in L.T.R.Case No. 237/2001/ENK. The third respondent-primary authority had declared the transfer of immovable property belonging to the respondent therein (the late husband of the petitioner) made to another non-tribal to be in contravention of Section 3 (1) of the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1959 read with the Regulation 1 of 1970 and directed ejectment of the respondent therein or whomsoever is in possession of the immovable property to an extent of Ac.8-05 cents in B.R.Puram, Bhadrachalam. The petitioner also applied for interim stay of dispossession pending the revision. The petitioner’s grievance is that the first respondent has not yet considered or disposed of the interlocutory application. As the petitioner has already availed the revisional remedy before the 1st respondent and sought interim relief there, this Court is not inclined to exercise jurisdiction under Article 226 of the Constitution of India in respect of the interlocutory application. The writ petition is accordingly disposed of directing the first respondent to expeditiously and in any event within a week consider and dispose of the interlocutory application of the petitioner for interim relief. Nothing stated herein shall be construed as an expression by this Court on the merits of the petitioner’s case and the first respondent shall dispose of the revision and the interlocutory application on their own merits. ___________________ GODA RAGHURAM J Dt.18.3.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh Social Welfare Department (Tribunal Welfare) rep by its Secretary, Secretariat Hyderabad. 2 The Additional Agent to Government Bhadrachala, Khammam District. 3 The Special Deputy Collector (TW) Bhadrachalam, Khammam District. 4 The Tahasildar, Enkoor Mandal of Khammam District. 5. 2 CCs to GP for Social Welfare, 6. 2 CD copies Form-NIC-OGS/WP{TRT}