IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4248 of 2008 Between: Beesetti Appayamma W/o. China Appa Rao R/o. Thantikonda Village, Gokavaram Mandal, E.G. District. ..... PETITIONER AND 1 The Additional Agent to the Government, Rampachodavaram, E.G. District. 2 The Agency Divisional Officer, Rampachodavaram, E.G. District. 3 The Tahsildar, Devipatnam, E.G. District. 4 The Special Deputy Tahsildar, Tribal Welfare, Devipatnam Mandal, E.G. District. .....RESPONDENTS 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 land to an extent Ac 1.04 cents in Sy.No. 102/1 situated at Pedabhimpalli Village, Devipatnam Mandal, E.G. District as highly illegal, arbitrary, and violative of Art. 14 and 21 of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from her land pending disposal of the appeal filed before the 1st Respondent 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: In this Writ Petition, petitioner has questioned the inaction of the respondents in evicting the petitioner from the land admeasuring Ac.1.04 cents in Survey No.102/1 situated at Pedabhimpalli Village, Devipatnam Mandal, East Godavari District as illegal and arbitrary, and consequently, to direct the respondents not to dispossess the petitioner from the said land pending disposal of her appeal filed before the first respondent- Additional Agent to the Government. Heard learned Counsel for petitioner and learned Government Pleader for Social Welfare appearing for respondents. In view of pendency of the appeal filed by petitioner under the provisions of A.P. Schedule Areas Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970 (for short ‘the Regulations’), this Writ Petition is disposed of at the stage of admission. Petitioner claims that she purchased the above said land from one Badireddy Veerraju, who is a non- tribal, in the year 1969 and was inducted into possession in the year 1969 itself, but however, a registered sale deed was obtained later in the year 1973. It is stated that ever since she purchased the said land, she has been in continuous possession and enjoyment of the same. Subsequently, on a complaint made by the fourth respondent-Special Deputy Tahsildar, to the effect that the transfer of the said land in favour of the petitioner by Badireddy Veerraju, is in contravention of the provisions of amended Regulation 1 of 1970, proceedings were initiated by the second respondent-Agency Divisional Officer, Rampachodavaram, who vide order dated 28-01-2008 in ADO LTR No.58 of 2007, ordered ejectment of the petitioner from the above said land, and directed the third respondent-Tahsildar to put the said property at the disposal of the State for onward assignment to eligible tribes. It is stated in the affidavit, filed in support of the Writ Petition, that as against the order of eviction passed by the second respondent-Agency Divisional Officer, petitioner has preferred an appeal along with an interlocutory application seeking stay before the first respondent-appellate authority on 05-02-2008, but however, no orders have so far been passed thereon. The grievance of petitioner is that though the appeal filed by her is pending consideration from December, 2007, on one hand, no orders have been passed and on the other, respondents are taking steps to evict her from the lands in question. Several grounds were raised by the petitioner that the land in question was purchased prior to 1969, and that the transfer of the same was not in contravention of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970, but, the second respondent-Agency Divisional Officer, misconstrued the provisions and passed the impugned order of eviction dated 28-01-2008 without recording definite finding as to the alleged contravention. Inasmuch as the petitioner has already preferred an appeal against the impugned order of eviction passed by the second respondent, and the same is pending consideration before the first respondent- appellate authority, it is not desirable, at this stage, to record any finding on the grounds of appeal raised by petitioner. But however, as it is stated that the lands in question were purchased by petitioner in 1969 before prohibition came into force on 03-02-1970, and that she has been in continuous possession of the same, and as the statutory appeal filed by petitioner against the order of eviction is pending consideration, I deem it appropriate to dispose of the Writ Petition directing the first respondent- appellate authority to dispose of the appeal preferred by petitioner on 05-02-2008 as expeditiously as possible. Further, I direct that the order of eviction dated 28-01- 2008 passed by the second respondent in ADO LTR No.58/2007 shall remain suspended till disposal of the appeal preferred by petitioner and the orders passed thereon are communicated to her. Subject to the above direction, the Writ Petition is disposed of. No costs. ___________________ (R.Subhash Reddy, J) 28th February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Additional Agent to the Government, Rampachodavaram, E.G. District. 2 The Agency Divisional Officer, Rampachodavaram, E.G. District. 3 The Tahsildar, Devipatnam, E.G. District. 4 The Special Deputy Tahsildar, Tribal Welfare, Devipatnam Mandal, E.G. District. 5 Two CCs to the G.P. for Social Welfare 6 Two CD copies. Form-NIC-OGS/WP{VSMI}