HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 81 of 2008 Dated 8th February, 2008 Between Govvala Laxmi and ors …Petitioners and The Agency Divisional Officer, Bhadrachalam, Khammam district, And ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 81 of 2008 ORDER: In this Writ Petition, the petitioners seek Writ of Mandamus to declare the action of the second respondent in not passing orders on the stay application in the appeal in CMA. No. 291 of 2007 filed against the order of eviction dated 21-11-2007 passed in LTR Case No. 4/BCM/2004 by the Agency Divisional Officer, Bhadrachalam, Khammam District, as illegal and arbitrary. The petitioners claim to be the owners and possessors of the land to an extent of HC.0.60 acres covered by R.S.No. 179/8/P and Hc.059 acres in R.S.No.179/8/P of Yettapaka village,Bhadrachalam Mandal Khammam District. It is stated that the petitioners’ father had purchased the said land from its previous owner in the year 1942, i.e. prior to the enforcement of prohibition for transfer of lands belonging to tribals under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970 and since then they are in continuous and uninterrupted possession of the said land. It is the case of the petitioners that though the said transfer is not hit by the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, but, however, the Agency Divisional Officer, Bhadrachalam, initiated proceedings under the said Regulation and passed the order of eviction dated 21-11-2006 in case No. 4/BCM/2004. It is stated that against the said order, the petitioners have preferred appeal, being CMA.No. 291 of 2007 on 17-10-2007 along with an application for grant of interim order. It is the grievance of the petitioners that though they have filed appeal, the appellate authority did not exercise jurisdiction vested in it by not passing any order either on the appeal or stay application, and, on the other hand, the respondents are taking steps to enforce the order of eviction. Whether the said transfer of the land is in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/ 1959, as amended by Regulation 1/1970 or not, is a matter which is required to be considered by the appellate authority. In view of the pendency of the appeal, it is not desirable to go into merits of the case and record any finding on the said transaction at this stage. As much as, it is stated that the petitioners had purchased the subject land in the year 1942 and, since then they are continuous and uninterrupted possession and, further, the appeal filed by the petitioners in CMA.No. 291 of 2007 is pending consideration, I dispose of the Writ Petition directing the second respondent-appellate authority to dispose of CMA.No. 291 of 2007 filed by the petitioners as expeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 21-11-2007 till the disposal of the appeal and allow the petitioners 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: 08-02-2008. Msnr.