HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 28149 of 2007 Dated 28th December, 2007 Between Kandula Laxmaiah and ors …Petitioner and Government of AP, rep. By its Secretary, Tribal Welfare Department, Secretariat, Hyderabad, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 28149 of 2007 ORDER: This Writ Petition is filed with the prayer as follows: “……to issue a Writ of Mandamus or any other appropriate writ declaring the action of Respondent No.1 in not passing any orders in the revision /stay petition filed by the petitioner on 24-12-2007 as illegal, arbitrary, and unconstitutional and also direct the respondents not to evict the petitioner from Ac.1.15 guntas of land in 248/AA, Ac.0.28 guntas of land in Sy.No.248/E, and Ac.0.27 gunts of land in Sy.No.248/EE of Danthelabora village, Palvancha Mandal, Khammam District till finalization of the Revision Petition pending before the Respondent No.1 or pass any other appropriate order or orders as this Honourable Court may deem fit and proper in the interest of justice.” The petitioners claim to be the owners and possessors of the land admeasuring Ac.1.15 guntas covered by Sy.No.248/AA, Ac.0.28 guntas covered by Sy.No.248/E and Ac.0.27 guntas of land covered by Sy.No. 248/EE, situated in Danthelabora village of Palvancha Mandal in Khammam district, having purchased the said lands on 20-8-1968 from its previous owner. The Special Deputy Collector (TW), Bhadrachalam, Khammam District, initiated proceedings against the petitioners under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970 and passed the order of eviction dated 22-3-2005 and directed the second respondent-Mandal Revenue Officer to take custody of the said land into Government. As against the said order, the petitioners have preferred appeal in CMA.No.98 of 2005 before the Additional Agent to Government, Bhadrachalam, third respondent herein. However, the said appeal was dismissed by the appellate authority by order dated 22-9-2007. As against the said order of the appellate authority, the petitioners filed revision petition before the first respondent, along with an application for grant of interim order. It is the grievance of the petitioners that in spite of filing revision petition, the first respondent-revisional authority has not passed any orders either on the revision petition or stay application and on the other hand, the respondents are taking steps to enforce the order of eviction dated 22-3-2005. It is the case of the petitioners that the primary authority has passed the order of eviction without examining the relevant issues which arise for consideration under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. Heard the learned Counsel for the petitioners and the learned Government Pleader appearing for the respondents. In view of the fact that the revision petition filed by the petitioners before the first respondent is pending consideration, it is not desirable to consider the grounds raised in this Writ Petition and record any findings. As much as the petitioners are in uninterrupted continuous possession of the lands from 1968 and the revision petition filed by them before the first respondent is pending consideration, I dispose of the Writ Petition directing the first respondent to dispose of the revision petition filed by the petitioners on 24-12-2007 as expeditiously as possible, by notifying the date of hearing to the petitioners and counsel on record. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 22-3-2005 as confirmed by the appeal authority in CMA.No.98/2005, by order dated 22-9-2007, and, continue the petitioners to be in possession of the subject lands till the disposal of the revision petition by the first respondent. 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: 28-12-2007 CC in two days (BO) Msnr.