IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28427 of 2008 Between: 1 Pasumarthi Kanakalingeswara Rao S/o. Subbarao R/o. Gokavaram Village & Mandal, East Godavari District. 2 Pasumarthi Satyabhimaraju S/o. Subbarao R/o. Gokavaram Village & Mandal, East Godavari District. 3 Pasumarthi V.V.S. Ramakrishna S/o. Ramarao R/o. Gokavaram Village & Mandal, East Godavari District. ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Social Welfare Department (LTR-II), Secretariat Buildings, Hyderabad. 2 Agent to Government & District Collector, East Godavari District, Kakinada. 3 Additional Agent to Government, Rampachodavaram, East Godavari District. 4 Tahsildar, Gangavaram Mandal, East Godavari District. 5 Chidum Sriramulu, S/o. Sankuru Dora, Ojubanda Village, Gangavaram Mandal, East Godavari 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in rejecting the stay of operation of the orders of the 3rd respondent vide Lr.No.9095/LTR-2-2008-2, dt. 05.2.2008 pending revision filed under Sec.6 of A.P. Schedule Area Land Transfer Regulation Act & Rules as illegal, arbitrary and violative of natural justice consequently directing the respondents not to dispossess the petitioners from the lands in an extent of Ac.2-17 cts in S.No.8/1, Ac.1-86 in S.No.2/4, Ac.5-23 cts in R.S.No.26/1 and Ac.2-40 in S.No.20/3 of Ozubanda Village, Gangavaram Mandal, East Godavari District. Counsel for the Petitioner:MR.T.V.S.PRABHAKARA RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER According to the petitioner, he is in possession of the land in question since times immemorial. But, however, on a complaint made by the 5th respondent, proceedings were initiated against him under sub-Section (1) of Section 3 of the Andhra Pradesh Scheduled Areas Land transfer Regulation 1959 as amended by Regulation 1 of 1970. After an enquiry, the 3rd respondent-Additional Agent to Government, Rampachodavarma, East Godavari District while allowing the complaint , ordered eviction of the petitioner from the land in question. Questioning the same, the petitioner filed an appeal and the same ended in dismissal. Hence, he approached the revisional authority, who is arrayed as 1st respondent herein, and filed revision along with an application seeking suspension of the said orders. But, since no orders have been passed, the petitioner approached this Court and filed WP No.20704 of 2008 and this Court was pleased to dispose of the said writ petition at the stage of admission with a direction to the 1st respondent to consider the revision and pass appropriate orders and also directed that status quo existing as on that day with regard to possession shall be maintained, pending disposal of the revision or the application filed by the petitioners seeking stay of the orders passed by the primary authority as confirmed by the appellate authority, whichever is earlier. Pursuant to the said orders, it appears that the 1st respondent, on consideration of the stay application, refused to grant stay. Hence, the petitioner approached this Court and filed the present writ petition. Having heard the learned counsel for the petitioner, this Court is of the view that this writ petition can be disposed of at the stage of admission with a direction to the 1st respondent not to evict the petitioner from out of the land in question till the said revision is decided. As the 5th respondent is a party to the said revision before the Government, the Government shall give opportunity of hearing to him also before passing any orders. The entire exercise shall be done within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. ___________ 29-12-2008 rkk