IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1558 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/09/2008 in WP NO : 21007 OF 2008 on the file of the High Court.) Between: Tumma Papireddy S/o. Pedda Guruvareddy Bayyaram Village & Post, Pinapaka Mandal, Khammam District. ..... APPELLANT AND 1 The Special Deputy Collector (T.W), Bhadrachalam, Khammam District. 2 The Tahsildar, Manuguru, Khammam District. 3 Gaddam Dasaradham (Died), Smt. Gaddam Rajyalakshmi W/o. Laxminarayana Bayyaram Village & Post, Pinapaka Mandal, Khammam District .....RESPONDENT(S) Counsel for the Appellant:MR.R.KAMESWAR RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1558 of 2008 ORAL JUDGMENT: (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the appellant as well as the learned Government Pleader for Social Welfare appearing for respondent Nos.1 and 2. 2. This writ appeal is directed against the order, dated 25-09-2008, passed by a learned Single Judge of this Court in W.P.No.21007 of 2008. 3. Appellant is the petitioner and the respondents are respondents in W.P.No.21007 of 2008. 4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the writ petition. 5. The matter arises under the provisions of the Andhra Pradesh (Scheduled Area) Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970 (for brevity “the Regulation 1 of 1970”) and the dispute is between the petitioner and the third respondent. 6. It is the case of the petitioner that he is in possession of Ac.1-10 guntas of land in Survey No.853/109 situated in Ramanujavaram Revenue Village, having purchased the same from the husband of the third respondent under a sada sale deed, dated 22-06-1968. Both the persons belong to non-tribal community. The competent authority, by invoking its suo motu jurisdiction, has passed order, dated 04-06-2008, which was impugned in the writ petition and consequently ordered for eviction of the petitioner from the land in his possession. 7. The learned Single Judge, after an elaborate consideration of the matter, by order dated 25-09-2008, disposed of the writ petition reserving liberty to the petitioner to file an appeal before the Agent to the Government, as provided under Section 3 (a) of the Regulation 1 of 1970, read with Rule 8 of the Andhra Pradesh Scheduled Areas Land Transfer Rules, 1969, within a period of four weeks from the date of the said order. Till such time, status quo was directed to be maintained. Hence, the present writ appeal by the petitioner. 8. The learned Government Pleader for Social Welfare submits that there are certain developments subsequent to the litigation and in view of those developments, fresh proceedings have been initiated, which are not barred under law or hit by the principles of natural justice. 9. Admittedly, there is an alternative remedy of appeal provided under Section 3 (a) of the Regulation 1 of 1970 before the Agent to the Government, in which case, it is not desirable for this Court to go into all the disputed questions of fact, particularly as regards the right and title of the petitioner as well as the third respondent in view of the alleged developments subsequent to the litigation. Therefore, in our considered view, the learned Single Judge has rightly gave liberty to the petitioner to go in appeal before the Agent to the Government as provided under Section 3 (a) of the Regulation 1 of 1970. We do not find any infirmity or illegality in the impugned order, dated 25-09-2008, passed by the learned Single Judge. 10. However, the orders of status quo as regards the possession of the petitioner granted by the learned Single Judge for a period of four weeks from the date of the order in the writ petition shall be continued and shall be in force, till disposal of the appeal being preferred by the petitioner before the Agent to the Government. 11. With the above observations and directions, the writ appeal is disposed of, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 28-11-2008. NOTE: Issue C.C. in one week. (B/O) Msr. THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1558 of 2008 28-11-2008 (Msr)