IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 9363 of 2008 Between: Marumudi Pushpavathi W/o. Late Prabhakar R/o. H.No.9-1-156 & 157/1, Bhagathsinghnagar, Near Surakasha Bus Stand, Bandarugudem, Manuguru Mandal, Khammam District. ..... PETITIONER AND 1 The Addl. Agent to Government Cum Project Officer, Integrated Tribunal Development Agency (ITDA) at Bhadrachalam, Khammam District. 2 The Special Deputy Collector (TW) Bhadrachalam, Khammam District. 3 The Tahsildar, Manuguru Taluka, Khammam District. 4 Chavalam Veeraiah S/o. Venakaiah R/o. Pothureddypalli, Edulla Bayyaram, Pinapaka, Khammam District. .....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 an appropriate writ, order or direction particularly one in the nature of Mandamus declaring the inaction of the respondents 1 to 2 herein in not granting stay of the operation of the Order dt. 22.12.2007 in Case No.88/13/2002/MGR of the 2nd respondent herein, received by me on 10.04.2008 from the office of the 3rd respondent herein, as illegal, arbitrary, unreasonable, contrary to the provisions of A.P. Scheduled Area Land Transfer Regulation and also violative of Articles 14, 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents 1 to 3 herein not to evict me from my house bearing No.9-1-156 & 9-1-157/1 of land in Sy.No.202 an extent of 0-05 guntas at Bhagathsinghnagar, near Surakasha Bus Stand, Bandarugudem, Manuguru Taluka, Khammam District, pending disposal of the appeal filed by the petitioner herein before the 1st respondent herein. Counsel for the Petitioner : Sri S.Madan Mohan Rao Counsel for Respondent Nos.1&2: 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, Bhadrachalam passed orders in his proceedings in Case No.88/13/2002/MGR against the writ petitioner herein on 22.12.2007 ordering her ejectment from out of the land of an extent of Ac.0.05 guntas in Survey No.202 of Bandarugudem Village of Manuguru Mandal, Khammam District. It is not in dispute that against this order of the Special Deputy Collector, an appeal is provided to the Additional Agent to the Government, Bhadrachalam, Khammam 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 21.04.2008 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 22.12.2007, 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, Bhadrachalam dated 22.12.2007 within three months from the date of receipt of a copy of this order. 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. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 29th April 2008 Note: Issue CC tomorrow. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}