IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 7709 of 2008 Between: 1 Kathinga Ramanjaneyulu S/o. Ramana R/o. H.No. 3-41, Chinturu Village & Mandal, Khammam Dist. 2 S.K.Jhany S/o. S.K. Azeez R/o. H.No. 3-40 Chinturu Village & Mandal, Khammam Dist. 3 Malayappan Seduthevar S/o. Seduthevar Prop. Venkateswara Hotel, Chinturu Village & Mandal, Khammam Dist. 4 Rabbha Kanaka Durga Naidu S/o. Appa Rao Prop. Sandya Photo Studio, Chinturu Village & Mandal, Khammam Dist. 5 Raman Pandyan @ Ramu S/o. Thangayya Tehvar Prop. Balaji Kirana Stores, Chinturu Village & Mandal, Khammam Dist. ..... PETITIONER(S) AND 1 The Agency Divisional Officer, Bhadrachalam, Khammam District. 2 The Additional Agent to the Govt. and ( Project officer ) ITDA, Bhadrachalam, Khamma District. 3 The Tahsidalr, Chinturu Mandal, Chinturu, Khammam District. 4 Karam Buchaiah S/o. Veeraiah R/o. Chinthuru Village and Mandal, Khamma Dsitrict. .....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 respondents in not disposing the Appeal filed by the petitioners before the Additional Agent to the Govt., Bhadrachalam, Khammam Dist., as against the order s passed by the Agency Divisionl Officer, Bhadrachalam District in case No. 8/CTR/2008 dated 2-2-2008 communicated on 11-2-2008 and interfering with the possession and enjoyment of small extent of the petitioners in Sy.No. 44/3 to an extent of Acres1-45 situated at Chinturu Village and Mandal, Khammam District, as arbitrary, illegal and violative of Art. 14,16,21 and 300( A ) of the Constitution of India and consequentially direct the respondents to dispose of the Appeal in the interest of justice 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 ORDER: This writ petition has been instituted seeking a writ of mandamus declaring the action of the respondents in not disposing the Appeal filed by the petitioners before the Additional Agent to the Government, Bhadrachalam, Khammam District, as against the orders passed by the Agency Divisional Officer, Bhadrachalam, Khammam District in Case No.8/CTR/2008 dated 02-02-2008 communited on 11- 02-2008 and interfering with the possession and enjoyment of small extents of lands of the petitioners inSy.No.44/3 to an extent of Acres 1-45 situated at Chinturu village and Mandal, Khammam District, as illegal. The petitioners have asserted that against the orders passed by the Agency Development Officer, Bhadrachalam, Khammam District in Case No.8/CTR/2008 dated 02-02-2008 communited on 11-02-2008, they had preferred an appeal in terms of Section 8(1) of the A.P. Scheduled Area Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970, on 02-04-2008 before the Additional Agent to Government Bhadrachalam, Khammam District and that even before the said appeal could be decided, they could not have been evicted from the land in question. In these set of circumstances, the appeal preferred by the petitioners be taken up for hearing and decided as expeditiously as possible, preferably before the end of August 2008 and till such time the appeal is decided, the petitioners shall not be evicted from the lands in question. With this, the writ petition is disposed of at the stage of admission. -------------------------------- Nooty Ramamohana Rao, J knk 24-04-2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}