IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12276 of 2008 Between: Sri Bhagam Nageshwara Rao S/o.Shri.Appaiah R/o.Kotha Anjanpuram village, Kothagudem Mandal, Khammam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad. 2 Additional Agent to Government Project Officer, ITDA Bhadrachalam, Khammam District. 3 The Tahsildar, Kothagudem, 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 issue a writ, direction or order more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not taking the appeal on file against the order passed in LTR Case No.331 & 336/2007 KGM by fixing date for hearing as illegal and arbitrary and against the principles of natural justice and pass such other order(s) in the interest of justice. Counsel for the Petitioner:MR.T.SHARATH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12276 OF 2008 ORDER: 1. This writ petition has been filed by Sri Bhagam Nageshwara Rao assailing the inaction of the 2nd Respondent- Additional Agent to Government Project Officer, ITDA, Bhadrachalam, Khammam District in disposing of the appeal presented by him against the order passed by the Special Collector in LTR Case No. 331 & 336/2007 KGM. 2. The Tahsildar, Kothagudem, Khammam District initiated proceedings for eviction of the petitioner from the lands bearing Survey No.103, admeasuring Ac. 4-36 guntas situated at Singabhupelam village of Kothagudem Mandal, Khammam District on the ground that the transfer in his favour is in violation of Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1959 read with Regulation 1 of 1970 and the Rules framed thereunder. The petitioner filed an appeal provided under the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1959 read with Regulation 1 of 1970, but the appellate authority has not considered his appeal, as well as the stay application. Therefore, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare appearing on behalf of the Respondents No.1 to 3. 4. The factual aspect of the petitioner preferring statutory appeal provided under Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1959 read with Regulation 1 of 1970 is not in dispute. It appears that he has also moved application seeking interim stay. Both the appeal and the application seeking interim stay are stated to be pending before the appellate authority-Additional Agent to Government, Project Officer, ITDA, Bhadrachalam, Khammam District. 5. Such is the situation, I deem it appropriate to dispose of the writ petition with a direction to Additional Agent to Government, Project Officer, ITDA, Bhadrachalam, Khammam District-2nd Respondent to consider the appeal filed by the petitioner and dispose of the same in accordance with the provisions of law. There shall be status quo with regard to the possession of the land in dispute. Till the appeal or the application seeking interim relief is disposed, which ever is earlier. _____________________________ Justice B.Seshasayana Reddy 16th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 12276 OF 2008 16th June, 2008.