IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 1032 of 2009 Between: Vakkanthula Nagarjuna Kumar, S/o. Rama Rao, R/o. Kodad(V & M), Nalgonda District. ..... PETITIONER AND 1 The Agency Divisional Officer, Kothagudem, Khammam District. 2 The Addl. Agent to Government/Project Officer, I.T.D.A. Bhadrachalam, Khammam District. 3 The Tahasildar, Chandrugonda(M), At Chandrugonda, Khammam 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 issue writ or direction preferably writ of mandamus declaring the inaction of the respondents no.2 in passing appropriate orders either on the stay petition or on the appeal filed on 5-9-2008 before the Agent to Government, Khammam and transferred to respondent no.2 on 29-10- 2008 against the eviction order passed by respondent No.1 on 29-5-2007 as illegal, arbitrary, and violative of principles of natural justice and consequently direct the respondents No.2 to dispose of the stay petition or appeal itself with a reasonable time. Counsel for the Petitioner: MR.M.V.HANUMANTHA RAO Counsel for the RespondentS: GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 1032 of 2009 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the 2nd respondent in not passing appropriate orders either on the stay petition or on the appeal said to have been filed on 5.9.2008 before the Agent to the Government, Khammam, which was transferred to 2nd respondent on 29.10.2008 against the eviction orders passed by respondent No.1 dated 29.5.2007, as arbitrary and illegal. It appears, the Agency Divisional Officer, Kothagudem passed an order in LTR Case No.1183/93/CHG dated 29.5.2007 ordering resumption of possession of the land to the Government in an extent of Ac.1-15 guntas in S.No. 24/AA and Ac.4-20 guntas in S.No.23/A of Thippanapalli Village, Chandrugonda Mandal of Khammam District. Aggrieved thereby, the petitioner had filed an appeal before the 2nd respondent and the same is pending. According to the petitioner, there is a delay of about 400 days in filing the appeal before the 2nd respondent and the condone delay petition as well as stay petition are still pending. While that being so, the 3rd respondent is trying to evict the petitioner from the said lands in view of the orders passed by the Agency Divisional Officer. In view of the above, without expressing any opinion on merits, this writ petition is disposed of directing the 2nd respondent to dispose of the appeal purported to have been filed by the petitioner along with the condone delay petition and stay petition, within a period of six weeks from the date of receipt of a copy of this order. However, the disposal of the stay petition as well as the appeal is subject to the orders that may be passed on merits by the 2nd respondent. Till such time, status quo as to the possession of the petitioner as on today, shall be maintained. The writ petition is disposed of accordingly. No costs. C.V. RAMULU, J. Date: 27-01-2009. MVB.