HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 78 of 2008 Dated 8th February, 2008 Between Majji Srinivasa Rao …Petitioner and The Addl. Agent to Government cum Project Officer, Integrated Tribal Development Agency (ITDA), Bhadrachalam Khammam District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 78 of 2008 ORDER: In this Writ Petition, the petitioner seeks Writ of Mandamus to declare the action of the first respondent in not passing orders on the stay application in the appeal filed against the order of eviction dated 28-9-2007 passed in Case No. 322/2007/MNGR by the Special Deputy Collector (TW),Bhadrachalam, Khammam District, as illegal and arbitrary. The petitioner claims to be the owner and possessor of the land to an extent of Ac.0.02 guntas covered by Sy.No. 212 of Bandarugudem village, Manuguru Taluk, Khammam District. It is stated that the petitioner has purchased the said land from the father of the fourth respondent on 6-1-1961, i.e. prior to the enforcement of prohibition for transfer of lands belonging to tribals under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. It is the case of the petitioner that though the said transfer is not hit by the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, but, however, the Special Deputy Collector (TW), Bhadrachalam, initiated proceedings under the said Regulation and passed the order of eviction dated 28-9-2007 in case No. 325/2007/MNGR. It is stated that against the said order, the petitioner has preferred appeal on 27-12- 2007 along with an application for grant of interim order. It is the grievance of the petitioner that though he has filed appeal, the appellate authority did not exercise jurisdiction vested in it by not passing any order either on the appeal or stay application, and, on the other hand, the respondents are taking steps to enforce the order of eviction. Whether the said transfer of the land is in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/ 1959, as amended by Regulation 1/1970 or not, is a matter which is required to be considered by the appellate authority. In view of the pendency of the appeal, it is not desirable to go into merits of the case and record any finding on the said transaction at this stage. As much as, it is stated that the petitioner has purchased the subject land in the year 1961 and constructed a residential house in the above said land, and, further, the appeal filed by the petitioner is pending consideration, I dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal filed by the petitioner on 27-12-2007 as expeditiously as possible. Further, there shall be a direction to the respondents not to enforce the order of eviction dated 28-9-2007 till the disposal of the appeal and allow the petitioner to be in possession of the land in question. 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: 08-02-2008. Msnr.