IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22725 of 2008 Between: Tummala Yugandar s/o. Late Koteswar Rao R/o. Asannagudem Village, Dammapeta Mandal, Khammam District. ..... PETITIONER AND 1 The Principal Secretary to Govt., Tribunal Welfare Department, Secretariat, Hyderabad. 2 The Additional Agent to Govt. & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Special Deputy Collector, Tribunal Welfare, Bhadrachalam. 4 The Tahsildar, Dammapet Mandal, Khammam District. 5 Karam Krishnaiah S/o. Narsimhulu R/o. Thottipampu Village, Dammapeta Mandal, Khammam District. .....RESPONDENTS 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 writ or direction preferably writ of Mandamus, declaring the in action of the 1st respondent in passing appropriate orders on the Revision itself ﬁled on 06-10-2008 against the order of 2nd respondent dated 28-06-2008 in C.M.A.No. 65/2007 as illegal, arbitrary and violative of principles of natural justice and consequentially direct the respondent no.1 to consider and dispose of the stay petition or the Revision itself with in a reasonable time and also further direct the respondents , not to dispossess petitioner from possession and enjoyment of the schedule property in S.No. 1302 measuring extent of Acs. 5-00 gts, situated at Nagupali Vilalge of Dammapeta Mandal, Pending disposal of the revision on the ﬁle of the 1st respondent, and may be pleased to pass Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following Order: THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.22725 of 2008 ORDER: This writ petition has been ﬁled by one Tummala Yugandar assailing the action of the respondents in trying to dispossess him from the land admeasuring Acs.5.00 comprised in survey No.1302 situated at Nagupali Village, Dammapeta Mandal, pending the revision ﬁled by him before ﬁrst respondent herein. The petitioner claims to be in possession and enjoyment of the land admeasuring Acs.5.00 comprised in survey No.1302 situated at Nagupali Village, Dammapeta Mandal. Proceedings were initiated against grandfather of the petitioner on the ground that possession of the said land was in contravention of the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation I of 1959 as amended by Regulation I of 1970. The said proceedings concluded in favour of grandfather of the petitioner. In the year 2005, Special Deputy Collector, Tribal Welfare, Bhadrachalam, third respondent herein, initiated proceedings against grandfather of the petitioner once again. Subsequently the said proceedings came to be dropped by order dated 19.10.2005. Against said order dated 19.10.2005, one Karam Krishnaiah, ﬁfth respondent herein, ﬁled an appeal, being C.M.A.No.65 of 2007 before second respondent herein. Pending the said appeal, grandfather of the petitioner died. Notice in the appeal came to be served on the paternal uncle of the petitioner, who is no way concerned with the land. The appellate authority, second respondent herein, proceeded to allow the appeal on 28.06.2008 and ordered eviction of the petitioner. The petitioner then ﬁled a revision before ﬁrst respondent and also moved stay application. Pending the revision, Tahsildar, Dammapet Mandal, Khammam District, fourth respondent herein, is trying to dispossess the petitioner. Hence, this writ petition. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of respondent Nos. 1 to 4. The factual aspect that the petitioner ﬁled revision before ﬁrst respondent against the order dated 28.06.2008 in C.M.A.No.65 of 2007 is not controverted by learned Government Pleader for Social Welfare appearing for respondent Nos.1 to 4. In that view of the matter, the writ petition is disposed of directing the revisional authority – ﬁrst respondent herein to consider the revision ﬁled by the petitioner and pass appropriate orders. There shall be status quo existing as on today with regard to the possession of the land till disposal of the revision or the stay application, whichever is earlier. No order as to costs. __________________________ (B.SESHASAYANA REDDY, J) 18th October, 2008 Note: Issue operative portion by wire at party’s costs. (B/o) GHN To 1 The Principal Secretary to Govt., Tribunal Welfare Department, Secretariat, Hyderabad. 2 The Additional Agent to Govt. & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Special Deputy Collector, Tribunal Welfare, Bhadrachalam. 4 The Tahsildar, Dammapet Mandal, Khammam District. 5 2CCs to GP for Social Welfare 6 2CD copies Form-NIC-OGS/WP{KSRANI}