IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17454 of 2008 Between: Sri Chunarkar Mukund Rao S/o.Karya Babapur(V) of Asifabad(M) to Adilabad District ..... PETITIONER AND 1 The Additional Agent of State Government and Project Officer I.T.D.A Adilabad Hqrs.Utnoor,Adilabad District 2 Special Deputy Tahsildar(TW) Utnoor O/o. Special Deputy Collector(Tribal Welfare) Utnoor, Adilabad District 3 The Tahsildar Asifabad (M) Adilabad District 4 Sri Atram Govinda Rao S/o.and age not known Member of Raj Cond Seva Samithi Asifabad(Tribal) of Adilabad 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 issue any appropriate writ, order or direction more in the nature of writ of Mandamus directing the respondent to continue the petitioner in possession of the land bearing Sy.No.40 extent Ac 4-58 cents situated at Thumpelli(V) Adilabad District pending disposal of the Statutory Appeal field by him against the order and ejectment decree passed by the 2nd respondent vide case No.TW/A1/95/1995 dt.9-10-2007 by duly declaring the order passed by the 1st respondent rejecting the statutory appeal vide No.A4/LTR/22/2008 dt.31-7-2008 (wrongly mentioned as 31-8-2008 in the order) as illegal arbitrary unjustified and contrary to the Scheduled Areas Land Transfer Regulations 1959 read with amended Regulation 1of 1970. Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ has been filed by Chunarkar Mukund Rao assailing the order dated 31.7.2008 passed on the stay application filed by the petitioner pending the appeal before the Additional Agent to State Government and Project Officer, ITDA, Adilabad Head Quarters, Utnoor, Adilabad District. The petitioner is said to be in possession of Ac.4.58 cents situated at Thumpelli Village, Asifabad Mandal, Adilabad District. Proceedings have been initiated against him on the ground that his possession is in contravention of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959 as amended by Regulation 1 of 1970. The primary authority ordered his ejectment from the land in question. He filed a statutory appeal before the Additional Agent to State Government and Project Officer, ITDA, Adilabad Head Quarters, Utnoor. He also moved stay application pending the appeal. His stay application came to be dismissed on 31.8.2008. The said order is under challenge in this writ petition. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of R1 to R3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents. Learned counsel appearing for the petitioner submits that the appellate authority without examining the material brought on record in right perspective proceeded to dismiss the stay application and therefore, the order impugned in the writ petition is liable to be set aside. Learned Government pleader for Social Welfare supported the order impugned in the writ petition. The primary authority ordered for ejectment of the petitioner from the land on 9.10.2007. The petitioner filed an appeal before the appellate authority. Learned counsel appearing for the petitioner submits that the petitioner entered into possession initially as a farm servant of Diwakar Rao and subsequently purchased the same. Indisputably, the petitioner is a non tribal. He claims to be in possession of the property over a considerable period of time. In that view of the matter, I deem it appropriate to suspend the order passed by the primary authority, subject to the petitioner depositing the amount at the rate of Rs.5,000/- per acre for each year before the Primary Authority pending disposal of the appeal. He shall deposit the amount within one month from today with regard to the amount payable for the year 2008 and for the ensuing years by 30th June of each year. Accordingly, writ petition is disposed of . No costs. __________ 12-08-2008 Note: Issue CC by two days (B.O)rkk