IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19804 of 2008 Between: Sk.Udden Saheb S/o.Shamshad R/o.Tottipampu Village, Dammapeta 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, Dammapeta 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 26.7.2008 against the order of 2nd respondent dt. 30.11.2007 in LTR.Case No. 359/2007/DMPT 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 the petitioner from possession and enjoyment of the property in Sy.No. 1346 and 1329/AA measuring an extent of Acs.1-37 gts and Acs.3-20 gts situated at Tottipampu Village, Dammapeta Mandal of Khammam Dist., pending disposal of the appeal on the ﬁle of the 1st respondent, and pass any other order. Counsel for the Petitioner:MR.K.R.SRINIVAS Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITON NO. 19804 OF 2008 ORDER: 1. This writ petition has been ﬁled by Shaik Udden Saheb assailing the action of the Tahsildar, Dammapeta Mandal, Khammam District-3rd respondent in trying to dispossess him from the land in dispute pending disposal of the appeal ﬁled by him before the Additional Agent to Government & Project Oﬃcer, I.T.D.A. Bhadrachalam, Khammam District-1 st Respondent. 2. The petitioner claims to be the owner and possessor of Ac. 1-37 guntas comprising Survey No.1346 and Ac.3- 20 guntas comprising Survey No.1329/AA, situated at Tottipampu village, Dammapeta Mandal of Khammam District. He claims to have acquired the lands under ‘sada’ sale deed dated 5-2-1961 from the Pattadar long prayer to the commencement of the A.P. Scheduled Areas Land Transfer Regulation 1/1959 as amended by Regulation 1/1970 ( herein after referred to as ‘Regulation 1/1970’). Proceedings have been initiated against him for ejectment on the ground that his possession over the lands is in contravention of the provisions of Regulation 1/1970. The Special Deputy Collector, Tribal Welfare-2nd Respondent conducted enquiry and ordered for ejectment of the petitioner from the lands in dispute. Assailing the order passed by the 2nd respondent, the petitioner ﬁled C.M.A.No.58 of 2008 on the ﬁle of the Additional Agent to the Government and Project Oﬃcer, I.T.D.A-1st respondent, he also moved application seeking suspension of the order passed by the 2nd respondent, pending the appeal, Tahsildar, Dammapeta Mandal-3 rd respondent is contemplating to dispossess the petitioner from the lands in dispute. Hence, the writ petition. 3. When the writ petition came up for admission, the learned Government Pleader for Social Welfare received notice on behalf of the respondent 1 to 3. 4. Heard learned counsel for the petitioner and learned Government Pleader appearing for Respondents No.1 to 3. 5. The factual aspect of petitioner ﬁling the appeal assailing the ejectment order passed by the Special Deputy Collector, Tribal Welfare-2nd Respondent is not in dispute. 6. In that view of the matter, this writ petition is disposed of directing the 1st respondent to consider the appeal and pass appropriate orders. There shall be status quo existing as on this day with regard to the possession in respect of the lands in dispute till the disposal of the appeal or the application ﬁled by the petitioner seeking stay pending appeal, whichever is earlier. No order as to costs. ______________________________ Justice B. Seshasayana Reddy Note: 11th September, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITON NO. 19804 OF 2008 11th September, 2008.