IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4874 of 2008 Between: Sonayila Dorayya S/o. Subbanna, Kamarajupeta Village, East Godavari District. ..... PETITIONER AND 1 The Additional Agent to the Government, Rampachodavaram, E.G. Dist. 2 The Special Deputy Collector, Tribal Welfare, East Godavari at Rampachodavaram, E.G. District. 3 The Tahsildar, Gangavaram Mandal, East Godavar District. 4 Arnika Nagamani, W/o. Mohana Krishna Bayyannapalli Village, Gangavaram Mandal, East Godavar 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 a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in evicting the petitioner from the land admeasuring Acres.1-81 cents in Sy.No.2/1 and 2/2 of Bayyannapalli Village, of Gangavaram Mandal, East Godavari District, pursuant to the orders passed by the 2nd respondent in LTRP No.34 of 2005 dated 28.12.2007, even before the time prescribed to file an appeal lunder Rule 8(2) of the A.P.Schedule Area Land Transfer Rules 1969 before the respondent No.1 is over, as highly illegal and violative Article 21 of the Constitution of India and it is further prayed that this Honourable court may be pleased to consequentially set aside all further proceedings initiated by the respondents in pursuance of the order passed by the 2nd respondent in LTRP No.34 of 2005 dated 28.12.2007 and pass Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 4874 of 2008 ORDER: The grievance of the petitioner is that he is sought to be evicted from the land of an extent of Ac.1-81 cents in Sy.No.2/1 and 2/2 of Bayyannapalli village, Gangavaram Mandal, East Godavari District, in pursuance to the orders passed by the Special Deputy Collector, Tribal Welfare, East Godavari at Rampachodavaram on 28-12-2007. The petitioner has asserted that against the orders passed by the second respondent-Special Deputy Collector, Rampachodavaram on 28-12-2007, he had preferred an appeal in terms of Section 8(2) of the A.P. Scheduled Area Land Transfer Rules, 1969, before the first respondent-Additional Agent to Government, Rampachodavaram, East Godavari District and that even before the said appeal could be decided, he could not have been evicted from the land in question. In these set of circumstances, the appeal preferred by the petitioner be taken up for hearing and decided as expeditiously as possible, preferably before the end of July 2008 and till such time the appeal is decided, the petitioner may not be evicted from the land in question. With this, the writ petition is disposed of at the stage of admission. ________________________________ NOOTY RAMAMOHANA RAO,J Date: 10-03-2008 KLP