IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 6478 of 2008 Between: Nagarapu Anasuyamma W/o. Nageswara RAo r/o. Indukuru Village, Devipatnam Mandal, E.G. District. ..... PETITIONER AND 1 The Additional Agent to the Government, Rampachodavaram, East Godavari District. 2 The Agency Divisional Officer, Rampachodavaram, East Godavari District. 3 The Tahsildar, Devipatnam, East Godavari District. 4 The Special Deputy Tahsildar, Devipatnam Mandal, East Godavari 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 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 petitioner from the land to an extent of Ac.1.50 cents in Sy. No.265/4 of Indukur Village, Devipatnam Mandal, East Godavari District in pursuance of the order passed by the 2nd respondent in ADO Ltr No. 24/2007, dt. 31.12.2007 as highly illegal, arbitrary and violative of Art. 14 and 21 of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from her land pending disposal of the appeal filed before the 1st respondent in the interest of justice. Counsel for the Petitioner : Sri K. Venkatesh Counsel for the Respondents: GP for Social Welfare The Court made the following O R D E R: Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. The Agency Divisional Officer, Rampachodavarm passed orders in his proceedings in ADO LTR No. 24 of 2007 against the writ petitioner herein on 31.12.2007 ordering her ejectment from out of the land of an extent of Ac.1.50 cents in Survey No. 265/4 of Indukuru Village of Devipatnam Mandal, East Godavari District. It is not in dispute that against this order of the Agency Divisional Officer, an appeal is provided to the Additional Agent to the Government, Rampachodavarm, under Section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959. The writ petitioner has asserted that such an appeal had been preferred and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Agency Divisional Officer dated 31.12.2007, but the 1st respondent did not choose to pass orders either in the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the 1st respondent, it is only expected that it will be attended to at the earliest convenient time. If the appeal itself cannot be decided, the interlocutory application moved by the parties seeking urgent interim orders could be attended to in the meantime. In these set of circumstances, I consider it appropriate to direct the 1st respondent to entertain, hear and decide the appeal preferred against the orders of the Agency Divisional Officer, Rampachodavaram dated 31.12.2007 within six months from the date of receipt of a copy of this order. Till such time, the status quo existing as of now with regard to possession be maintained. It is, however, open to the 1st respondent to independently consider the interlocutory application moved by the writ petitioner herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 27th March, 2007 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}