IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20884 of 2008 Between: Akkireddi Soma Narsiah S/o.Chenchaiah R/o.H.No.8-1-75/1, Manuguru Village and Mandal, Khammam District. ..... PETITIONER AND 1 The Special Deputy Collector (TW) Bhadrachalam, Khammam District. 2 The Tahsildar, Manuguru Mandal, Khammam District. 3 The Project Officer, Integrated Tribal Development Agency, Bhadrachalam, 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 Order dt. 24.7.2008 in Case No.66/2008/MGR of the 1st respondent herein, but served on the petitioner on 16.9.2008, as illegal, arbitrary without jurisdiction, unreasonable, contrary to the provisions of A.P. Scheduled Area Land Transfer Regulation, as amended, and also violative of Articles 14, 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents herein not to give eﬀect to the same and pass such other order or orders. Counsel for the Petitioner:MR.M.RAJAMALLA REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ petition has been ﬁled by Akkireddi Soma Narsiah with a prayer to issue writ, order or direction, particularly one in the nature of Mandamus declaring the order dated 24.7.2008 passed in Case No.66/2008/MGR by the Special Deputy Collector (TW), Bhadrachalam, Khammam District- 1st respondent, as arbitrary and illegal. The petitioner claims to have purchased an extent of 20 guntas of land in Sy.No.138/1585 (old No.138/10) of Manuguru Village and Mandal, Khammam District from Pillarisetti Satyanarayana on 20.6.1969 under a sale deed. In 1993, proceedings were initiated against the petitioner on the ground that his possession is in contravention of the Andhra Pradesh Scheduled Area Land Transfer Regulation 1959 as amended by Regulation 1/70. The said proceedings came to be dropped. Once again proceedings were initiated against the petitioner in respect of the same land. Notice was issued to the petitioner to appear before the Special Deputy Collector, Tribal Welfare, Bhadrachalam-1 st respondent. On conducting enquiry, the Special Deputy Collector, Tribal Welfare found that possession of the petitioner is in contravention of the Andhra Pradesh Scheduled Area Land Transfer Regulation 1959 as amended by Regulation 1/70 in respect of Sy.No. 138/1585 admeasuring Ac.0- 15 cents. Hence, this writ petition. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf R1 and R2. Heard the learned counsel appearing for the petitioner and the learned Government pleader appearing on behalf of R1 and R2. Learned counsel appearing for the petitioner submits that since the post of presiding oﬃcer of the appellate authority is vacant, the petitioner could not file appeal and secure necessary orders. Learned Government Pleader, on instructions, submits that in-charge arrangements have been made with regard to 3rd respondent’s oﬃce, in which case the petitioner is at liberty to file an appeal. In that view of the matter, the writ petition is disposed of reserving liberty to the petitioner to ﬁle appeal as provided under Andhra Pradesh Scheduled Area Land Transfer Regulation 1959 as amended by Regulation 1/70. There shall be status quo existing as on this day with regard to possession of the land in dispute for a period of four weeks or till ﬁling of the appeal, whichever is earlier. No costs. __________ 26-09-2008 rkk