IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28356 of 2008 Between: 1 Dulla Venkata Swamy S/o.Chinnayya Kamarajupeta(V) Gangavaram(M) E.G District 2 Manchukonda Narayya S/o.Kasulu Kamarajupeta(V) Gangavaram(M) E.G District 3 Narala Somulu W/o.Appalakonda Kamarajupeta(V) Gangavaram(M) E.G District ..... PETITIONER(S) AND 1 The Additional Agent to the Govt Ramachodavaram E.G District 2 The Special Deputy Collector(TW) Rampachodavaram E.G District 3 The Tahsildar Gangavaram (M) E.G District 4 The Special Deputy Tahsildar(TW) Gangavaram(M) E.G 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 appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in evicting the petitioners from their lands to an extent of Ac 3-33 cents in R.S No.41/2 of Patha Ramavaram(V) Gangavaram(M) E.G District in pursuance of the order passed by the 2nd respondent in LTRP No.6/2005 dt 6-5-2008 pending disposal of the appeal filed before the 1st respondent as illegal arbitrary and unjust and consequently direct the respondents not to evict the petitioners from the above mentioned lands pending disposal of the appeal in the interest of justice. Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER According to the petitioners, they are the absolute owners and possessors of an extent of Ac.1-11 of land each in R.S.No.41/2 of Patha Ramavaram Village, Gangavaram Mandal, East Godavari District. The 4th respondent-Special Deputy Tahsildar (Tribal Welfare), Gangavaram Mandal, East Godavari District, filed LTRP No.6 of 2005 against them under Section 3 (1) (a) of Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959 as amended by Regulation 1 of 1970. The 2nd respondent-Special Deputy Collector (Tribal Welfare) Rampachodavaram, passed eviction order on 6.5.2008 and directed the 3rd respondent to execute the said order and submit delivery report to him. Questioning the said order, the petitioners preferred an appeal along with an application seeking suspension of the ejectment order passed by the 2nd respondent before the 1st respondent-Additional Agent to Government, Rampachodavaram. Pending consideration of the same, the respondents are taking steps to evict the petitioners from the lands in question. Hence, the petitioners approached this Court and filed the present writ petition. Having heard the learned counsel for the petitioners, this Court is of the view that this writ petition can be disposed of, at the admission stage, inasmuch as the appeal is very much pending before the 1st respondent. Accordingly, the writ petition is disposed of with a direction to the 1st respondent to dispose of the appeal within a period of eight weeks from the date of receipt of a copy of this order. During the interregnum, the petitioners shall not be evicted from the lands in question. No costs. __________ 30-12-2008 rkk