HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4483 of 2011 Date: 25.02.2011 Between : Smt. Yama Sarojini. …….Petitioner And The Government of Andhra Pradesh, rep. by its Principal Secretary, Tribal Welfare Department & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4483 of 2011 ORDER : Heard learned counsel for petitioner and also the learned Government Pleader for Social Welfare, appearing for respondents. This writ petition is filed, seeking directions by way of Mandamus, declaring the orders passed by the 1st respondent in Letter No.12344/LTR-2/2009-2, dated 23.04.2010, rejecting the application filed by the petitioner for suspension of the operation of the orders passed by the 2nd respondent-Additional Agent to the Government in C.M.A.No.2/2007, dated 31.10.2009, confirming the orders passed by the Special Deputy Collector (Tribal Welfare), Bhadrachalam in LTR Case No.90/05/JPL, dated 06.06.2006, in respect of land to an extent of Ac.3- 18 cents covered by Sy.No.32/AA, situated at Padamata Narsapuram village of Julurpad Mandal in Khammam District, as arbitrary and illegal and violative of Articles 12, 21 and 300(A) of the Constitution of India, and also the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and consequently declare that the petitioner is entitled to continue in possession and enjoyment of the aforesaid land till disposal of revision pending before the Government. Petitioner claims that she is the owner and possessor of land admeasuring Ac.3-18 cents covered by Sy.No.32/AA, situated at Padamata Narsapuram village of Julurpad Mandal in Khammam District. It is stated that the said land was purchased on 20th of March 1969, by way of an ordinary sale deed, for valid consideration from its earlier owner by name Sadam Narayana. On the ground that the said transfer in favour of petitioner is in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, the Special Deputy Collector (Tribal Welfare), Bhadrachalam, has ordered for eviction of petitioner by orders, dated 06.06.2006, passed in LTR Case No.90/05/JPL and ordered to take the said land into the custody of the Government. As the petitioner was unsuccessful in the appeal filed by her before the Additional Agent to Government, she further carried the matter in revision before the Government and the same is pending consideration. During the pendency of revision petition, as respondents were taking steps for her eviction, on earlier occasion, the petitioner has approached this Court by filing a writ petition in W.P.No.28174 of 2009. This Court disposed of the said writ petition, directing the revisional authority to pass orders on the interim application filed by the petitioner and not to take steps for her eviction till the said application is disposed of. Now, the revisional authority has passed orders, dated 23.04.2010, in Letter No.12344/LTR-2/2009-2, rejecting the application filed by the petitioner for grant of interim orders. In this case, it is to be noticed that the land in question was purchased as early as on 20th of March 1969, and since then, the petitioner is in continuous possession. Even the primary authority has ordered to take the land into the custody of the Government only, without ordering transfer of land in favour of the transferor. As much as the revision petition filed by the petitioner is pending consideration and as it is stated that the land in question is in continuous and un-interrupted possession of the petitioner since 1969, I deem it is a fit case to protect the possession of petitioner, during the pendency of revision. Accordingly, the writ petition is disposed of, setting aside the order, dated 23.04.2010, passed by the 1st respondent in Letter No.12344/LTR-2/2009-2, with a direction to the revisional authority to dispose of the revision filed by the petitioner as expeditiously as possible. Further, the order of the primary authority for eviction, as confirmed by the appellate authority, shall remain suspended till disposal of revision by the revisional authority. No costs. _________________________ R.SUBHASH REDDY, J 25th February 2011 N.B: Issue C.C. in three days. (b/o) ajr