HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3006 of 2008 Dated 15th February, 2008 Between Bathula Ratna Kumari and anr …Petitioners and The Special Deputy Collector (Tribal Welfare) Badrachalam, Khammam District and ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3006 of 2008 ORDER: This Writ Petition is filed questioning the eviction order dated 15- 12-2007 passed in case LTR No.360/2007/MGR by the Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam district, in exercise of powers under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. The petitioners claim ownership and possession over the land in an extent of Ac.0.06 guntas covered by Sy.No. 138/1 of Manuguru village & Mandal in Khammam District. It is stated that the said land is their ancestral property and the same was devolved on them. It is the case of the petitioners that there is no transfer of the said land within the meaning of A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and the very initiation of proceedings under the said Regulation is per se illegal. It is stated in the affidavit filed in support of the Writ Petition that against the order of eviction dated 15-12-2007 passed in case LTR No.360/2007/MGR, the petitioners have preferred appeal before the second respondent- appellate authority. It is the grievance of the petitioners that in spite of appeal is preferred against the eviction order, no order have been passed by the appellate authority either on the appeal or stay application, and, on the other hand, the respondents are taking steps to enforce the order of eviction. Heard the learned Counsel for the petitioners and the learned Government Pleader appearing for the respondents. From a perusal of the order of eviction dated 15-12-2007 passed in case LTR No.360/2007/MGR by the first respondent, there are no definite findings with regard to date of transfer of the said land and violation of the provisions of A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. As much as it is stated that against the eviction order, the petitioners had preferred appeal before the third respondent-appellate authority, this Court need not go into details of the grounds of appeal, which are seized before the second respondent. In that view of the matter, I dispose of the Writ Petition directing the second respondent-appellate authority to dispose of the appeal preferred by the petitioners on 24-1--2008 against the order of eviction dated 15-12-2007 passed in case LTR No.360/2007/MGR as expeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 15-12-2007 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: 15-2-2008. Msnr. JUSTICE R. SUBHASH REDDY DATE: Msnr.