IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12830 of 2008 Between: 1 Eepi Chanti S/o.Konda R/o.Indukuru(V) Devipatnam(M) E.G District 2 Eepi Ramana S/o.Konda R/o.Indukuru(V) Devipatnam(M) E.G District ..... PETITIONER(S) AND 1 The Addititional Agent to the Government Rampachodavaram East Godvari District 2 The Agency Divisional Officer Rampachodavaram East Godavari District 3 The Mandal Revenue Officer Devipatnam(M) East Godavari District 4 Eereti Satyanarayana S/o.Gangaraju R/o.Indukuru(V) Devipatnam(M) E.G District 5 Eereti Appa Rao S/o. Dorayya R/o.Indukuru(V) Devipatnam(M) E.G 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 to issue appropriate writ or order direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in evicting the petitioners from the land to an extent of Hec 0.38 cents Sy.No.251/4 of Indukuru(V) Devipatnam (M) East Godavari District in pursuance of the order passed by the 2nd respodent in ADO LTR No.88/2007 dt.28-1-2008 pending disposal of the appeal filed before 1st respondent as illegal arbitrary and unjust and consequently direct the respondents not to evict the petitioners from the above mentioned land pending disposal of the appeal 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 : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12830 OF 2008 ORDER: 1. Petitioners call in question the inaction of the Additional Agent to the Government, Rampachodavaram, East Godavari District-1st Respondent in considering the appeal filed by them against the order passed by the Agency Divisional Officer, East Godavari District-2nd Respondent. 2. The grand father of the petitioners purchased an extent of Ac. 0-38 cents comprising Survey No. 251/4, situated at Indukuru village, Devipatnam Mandal, East Godavari District under sale deed dated 18-6- 1954. Since then the land is in occupation of the members of their family. Proceedings have been initiated by the Agency Divisional Officer-2nd Respondent at the instance of Eereti Satyanarayana-4th Respondent and Eereti Appa Rao-5th Respondent against the petitioners they are in possession of Ac.0-38 comprising S.NO. 251/1, in contravention of the provisions of Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1 of 1959 as amended by Regulation 1/1970. 3. The second respondent, on enquiry, ordered for eviction of the petitioners from the land in their occupation. They filed an appeal as provided under A.P. Scheduled Areas Land Transfer Regulations, 1950 as amended by Regulations 1/70 before the Additional Agent to Government, rampachodavaram-1st Respondent. Since the appeal filed by them is not being considered, the petitioners approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Social Welfare appearing for Respondents No.1 to 3. 5. Learned counsel appearing for the petitioners submits that the third respondent despite pendency of the appeal before the first respondent is proceeding with the eviction of the petitioners from the land in dispute and it necessitated them to approach this Court in invoking jurisdiction under Article 226 of the Constitution of India. 6. A fact remains that the appeal filed by the petitioners is pending before the 1st Respondent. 7. In that view of the matter, this writ petition is disposed of directing the first respondent to consider the appeal filed by the petitioners and pass appropriate orders. There shall be status quo with regard to the possession in respect of the land in dispute till the appeal filed by the petitioners or the application seeking the interim relief pending the appeal is disposed of by the first respondent, whichever is earlier. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 20the June, 2008. C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12830 OF 2008 20th June, 2008.