IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20247 of 2008 Between: 1 Banda Ranga Rao, S/o. Nuka Raju, H.No. 3-2-105, Chunchupally, Kothagudem Mandal, Khammam District. 2 Gurram Ramaswamy, S/o. Chukkaiah, H.No. 3-2-101, Chunchupally, Kothagudem Mandal, Khammam District. ..... PETITIONER(S) AND 1 The Additional Agent to the Government and Project Officer, ITDA, Bhadrachalam, Khammam District. 2 The Special Deputy Collector, Tribal Welfare, Bhadrahchalam, Khammam District. 3 The Mandal Revenue Officer, Kothagudem Mandal, Kothagudem, Khammam District. 4 Vankodoth Bharathi, D/o. Jamla, R/o. Sithampeta Village, Kothagudem Mandal, 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 to issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the ﬁrst respondent in not disposing the statutory appeal ﬁled by the Petitioners dated 6-9-2008 as against the orders passed by the Special Deputy Collector, Tribal Welfare, Bhadrachalam in L.T.R. Case No. 81 of 2008/KGM dated 22-7-2008 and taking steps to interfere with the possession and enjoyment of the petitioners of the house bearing No. 3-2-105 and 3-2-101 situated at Chunchupalli Village, Kothagudem Mandal, Khammam District situated in Sy.No. 45/7 though the same was situated in Sy.NO. 47/4 to an extent of 300 Square yards as arbitrary, illegal and violative of Article 14, 16 and 21 of the Constitution of India and consequentially direct the Respondents not to interfere with the possession and enjoyment of the houses of the petitioners and to pass such ther order or orders as this Hon'ble Court may deem ﬁt and proper in the circusmtances of the case and to pass Counsel for the Petitioner:MR.P.V.RAMANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 20247 OF 2008 ORDER: 1. Petitioners who are 2 in number ﬁled this writ petition assailing the action of Mandal Revenue Oﬃcer, Kothagudem Mandal-3rd respondent in interfering with their possession in respect of houses bearing NO. 3-2-105 and 3-2-101 pending disposal of the appeal ﬁled by them before the Additional Agent to the Government and Project Oﬃcer, I.T.D.A. Bhadrachalam-1st respondent. 2. The petitioners claimed to be in possession of the premises bearing Nos.3-2-105 and 3-2-101 situated in Survey No.47/4 of Chunchupalli village, Kothagudem Mandal, Khammam District. It is the case of the petitioners that their fore fathers acquired the land to an extent of Ac.0-08 cents in the year 1965 and constructed thatched houses. Proceedings have been initiated against the petitioners for ejectment on the ground that their possession is in contravention of the provisions of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1/ 1959 as amended by Regulation 1/1970. The primary authority conducted enquiry and ordered for their ejectment from the houses in their occupation. The petitioners ﬁled a statutory appeal before the Additional agent to the Government and Project Oﬃcer, Bhadrchalam-1 st respondent. Pending the appeal, the Mandal Revenue Oﬃcer, Kothagudem- 3rd respondent is contemplating to dispossess them from the houses in their occupation. Hence, this writ petition. 3. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of the respondents 1 to 3. 4. The factual aspect of the petitioners ﬁling the statutory appeal before the Additional Agent to the Government and Project Officer-1st Respondent is not in dispute. 5. In that view of the matter, this writ petition is disposed of directing the 1st respondent to consider the appeal presented by the petitioners and pass appropriate orders. There shall be status quo existing as on this day with regard to the possession in respect of the property in dispute till disposal of the appeal or stay application ﬁled by the petitioners, whichever is earlier. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 17th September, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 20247 OF 2008 17th September, 2008.