IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 2257 of 2008 Between: Kendre Sanjeev (Sanjay) Kumar, S/o. Seetharam R/o. Guruj Village, Mandal Gudihatnoor District Adilabad. ..... PETITIONER AND 1 The Agent to the Government Under A.P.S.A.L.T.R. Cum the Project Officer, I.T.D.A. Utnoor District, Adilabad. 2 The Special Deputy Collector, (Tribal Welfare Dept.,) Adilabad, Head Quarters Utnoor District, Adilabad. 3 The Mandal Revenue Officer, Gudihatnoor District Adilabad. 4 The Special Deputy Tahsildar (Tribal Welfare) O/o.of the Spl. Deputy Collector (T.W) Utnoor District, Adilabad. 5 Qursheeda Begum (Died) Rep. by Smt.Safeerunnisa Begum, D/o. Late Syed Mukamil Shah, R/o.Panjeesha Locality, District Adilabad. .....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 a writ order or direction or issue an appropriate writ more particularly in the nature of writ of Certiorari Calling the records from the Respondent No.2 in Case No. TWS 2/128/2004 dt. 27-1-2007 and quash the same declaring it as is illegal, arbitrary without jurisdiction violative of Article 14 & 21 of the Constitution of India and against the Mandatory provisions of A.P.S.A.L.T.R. 1959. Counsel for the Petitioner : Sri S. Chandrasekhar Counsel for Respondent Nos.1 to 4: 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 Special Deputy Collector (Tribal Welfare Department), Adilabad passed orders in his proceedings in Case No.TW/A2/127/2004 against the writ petitioner herein on 27.01.2007 ordering his ejectment from out of the land of an extent of Ac.4.00 in Survey No. 1 of Guruj Village, Gudihatnoor Mandal, Adilabad District. It is not in dispute that against this order of the Special Deputy Collector, an appeal is provided to the Agent to the Government, Utnoor, Adilabad District 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 on 25.09.2007 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Special Deputy Collector dated 27.01.2007, 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 Special Deputy Collector, Utnoor dated 27.01.2007 within six months, at any rate before the end of October 2008. 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. Leaving open all the contentions canvassed in the writ petition, the same is disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 18th April 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}