HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3051 of 2008 Dated 15th February, 2008 Between Simbothula Veera Venkata Saktyanarayana …Petitioner and The Special Deputy Tahsildar, Tribal Welfare, Devipatnam Mandal, EG District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3051 of 2008 ORDER: This Writ Petition is filed questioning the eviction order dated 28- 1-2008 passed in case ADO LTR No.55 of 2007 by the Agency Divisional Officer, Rampachodavarm, East Godavari District in exercise of powers under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. The petitioner claims ownership and possession over the land in an extent of Ac.0.45 Hectars covered by Sy.No. 253/1 of Lothupalem village of Devipatnam Mandal in East Govari district. It is stated that the said land is his ancestral property and the same was devolved on him. It is the case of the petitioner that there is no transfer of the said land within the meaning of A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and the very initiation of proceedings under the said Regulation is per se illegal. It is stated in the affidavit filed in support of the Writ Petition that against the order of eviction dated 28-1-2008 passed in case ADOLTR.No. 55 of 2007, the petitioner has preferred appeal before the third respondent-appellate authority. It is the grievance of the petitioner that in spite of appeal is preferred against the eviction order, no order have been passed by the appellate authority either on the appeal or stay application, and, on the other hand, the respondents are taking steps to enforce the order of eviction. Heard the learned Counsel for the petitioner and the learned Government Pleader appearing for the respondents. From a perusal of the order of eviction dated 28-1-2008 passed in case AdOLTR.No. 55 of 2007 by the second respondent, there are no definite findings with regard to date of transfer of the said land and violation of the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. As much as it is stated that against the eviction order, the petitioner has preferred appeal before the third respondent-appellate authority, this Court need not go into detail the grounds of appeal, which are seized before the second respondent. In that view of the matter, I dispose of the Writ Petition directing the third respondent-appellate authority to dispose of the appeal preferred by the petitioner on 7-2-2008 against the order of eviction dated 28-1-2008 as expeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 28-1-2008 till the disposal of the appeal and allow the petitioner to be in possession of the land in question. Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 15-2-2008. Msnr.