IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12118 of 2008 Between: Sri Doddi Peda Venkaiah @ Pentaiah S/o. Late Papaiah R/o. Samiti Singaram, Manugur Mandal, Khammam District. ..... PETITIONER AND 1 The Additional Agent to Government & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 2 The Special Deputy Collector, Tribal Welfare, Bhadrachalam, Khammam District. 3 The Tahsildar, Manuguru Mandal, 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 or direction preferably writ of Mandamus declaring the action of the 1st Respondent in not passing appropriate orders either on the stay petition or on the appeal itself filed on 13-5-2008 against the Order of 2nd Respondent dt. 20-10-2007 in LTR Case No. 217/2000/MGR as illegal, arbitrary and violative of Principles of natural justice and consequently direct the 1st Respondent to consider and dispose of the stay petition or the appeal itself within a reasonable time and further direct the respondents or their subordinate staff not to dispossess me from possession and enjoyment of the property in Sy.No. 314/209 measuring an extent of Acs 3-39 gts situated at Samithisingaram Village, Manuguru Mandal of Khammam District, pending disposal of the appeal on the file of the 1st Respondent and pass any other order this Hon'ble Court may deem fit in the interest of justice. Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12118 OF 2008 ORDER; 1. The petitioner is in occupation of agricultural land admeasuring Ac. 3-39 guntas, comprising survey No. 314/209 situated at Samithisingaram village, Manuguru Mandal of Khammam District. Proceedings have been initiated by the Special Deputy Collector (TW) for eviction of the petitioner on the ground that transfer of the land is in contravention of Regulation 1/1959 as amended Regulation 1/1970. The appellate authority has not passed any orders on the appeal and also on the application seeking interim suspension of the order passed by the primary authority, which necessitated the petitioner to approach this Court by invoking jurisdiction under Article 226 of the Constitution of India. 2. Heard learned counsel appearing for the petitioner and perused the writ affidavit and connected material papers placed on record. 3. Learned counsel appearing for the petitioner submits that the appellate authority is not passing any orders on the application moved by the petitioner seeking interim stay. However, the 3rd respondent is taking steps to evict the petitioner basing on the orders passed by the primary authority and in the event of the petitioner being evicted from the lands in question, the very purpose of filing the appeal by him would be defeated. 4. In that view of the matter, I deem it appropriate to dispose of the writ petition at the admission stage directing the appellate authority i.e. Additional Agent to Government and Project Officer, I.T.D.A. Bhadrachalam, Khammam District-1st respondent to consider the appeal presented by the petitioner and pass appropriate orders as expeditiously as possible. There shall be status quo with regard to the nature and possession till the interim application filed by the petitioner before the appellate authority is consider or till the disposal of the appeal, whichever is earlier. No order as to costs. _____________________________ Justice B. Seshasayana Reddy 13th June, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12118 OF 2008 13th June, 2008.