IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No: 11722 of 2009 Between: Vemulapalli Venkateswar Rao S/o. Anjaiah R/o. Kotha Anjanpuram Village, Kothagudem Mandal, Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad. 2 Additional Agent to Government Project Officer ITDA Bhadrachalam , Khammam District. 3 The Tahsildar, Kothagudem, Khammam District. 4 Lavudya Padma W/o. Kishan Major, R/o Kotha Anjanapuram Village, Kothagudem Mandal, 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not taking the appeal on file against the order passed in LTR Case No. 334/2007/KGM dt. 10-6-2008 by fixing date for hearing as illegal, and arbitrary and against the principles of natural justice and pass Counsel for the Petitioner:MR.T.SHARATH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11722 of 2009 ORDER: The petitioner herein claims to be in possession and enjoyment of Ac.8.20 guntas of land situated in Sy.No.103 AA of Singabhupalem Village of Kothagudem Mandal, Khammam District. The Special Deputy Collector (Tribal Welfare), Bhadrachalam, by order, dated 10.06.2009, made under Section 3 (1) of the A.P. Scheduled Area Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 ordered ejectment of the petitioner from the land in question. Aggrieved by the same, the petitioner preferred an appeal on 12.6.2009 before the 2nd respondent – Additional Agent to the Government. However, the 2nd respondent failed to consider the same and no order has been passed on his application for stay. In the meanwhile since there is a threat of dispossession on the basis of the ejectment order dated 10.6.2009, the present writ petition is filed. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Social Welfare appearing for the respondents. Since the Statutory Appeal is pending before the 2nd respondent, it would be appropriate to protect the possession of the petitioner till the said Appeal is disposed of in accordance with law. Accordingly, without expressing any opinion on merits, the Writ Petition is disposed of with a direction to the 2nd respondent to dispose of the petitioner’s appeal pending on its file following due process of law as expeditiously as possible preferably within a period of three months from the date of receipt of this order. Till such orders are passed, status-quo obtaining as on today as to the nature and possession of the premises in question shall be maintained. No costs. _______________ Justice G. Rohini Dt.12.06.2009 Note: Issue CC by tomorrow. B/O mrb