IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 8679 of 2008 Between: Jammula Laxmaiah S/o.late Ranga rao R/o.Kotha Anjanapuram(V) Kothagudem Revenue (M) Khammam District. ..... PETITIONER AND 1 The Govt of A.P, Rep.by its Secretary, Tribal Welfare Department Secretariat Hyderabad 2 The Additional Agent to Govt. & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Special Deputy Collector Tribal Welfare, Badrachalam, Khammam District. 4 The Tahasildar Kothagudem(M) 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 a writ or direction preferably writ of Mandamus declaring the action of the 1st respondent not passing appropriate orders either on the stay petition or on the revision itself filed on 18-3-2008 against the order of 2nd respondent dt.17-11-2007 in C.M.A No.53/2005 as illegal arbitrary and violative of principles of natural justice and consequently direct the respondent to consider and dispose of the stay petition or the revision itself within a reasonable time and further direct the respondents or their subordinate staff not to dispossess me from possession and enjoyment of the property in Sy.No.91/RU and 91/LU measuring an extent of Acs 5-03 kts and acs 2-00 gts respectively total measuring acs 7-03 gts situated at Singhabhupalem(V) Kothagudem(M) of Khammam Dist pending disposal of the revision on the file of the 1st respondent. Counsel for the Petitioner: Mr.KOWTURU VINAYA KUMAR Counsel for the Respondents: 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. 2. The Special Deputy Collector, Bhadrachalam passed orders in his proceedings in L.T.R.Case No.355/2004/KGM against the writ petitioner herein on 20.01.2005 ordering him ejectment from out of the land of an extent of Ac.7.03 in Sy.Nos.91/RU & 91/LU, Singabhupalem, Kothagudem 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 18.03.2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of Special Deputy Collector, Bhadrachalam, dated 20.01.2005, but the 2nd 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. 3. Once an appeal is preferred to the 2nd 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. 4. In these set of circumstances, I consider it appropriate to direct the 2nd respondent to entertain, hear and decide the appeal preferred against the orders of the Special Deputy Collector, Bhadrachalam dated 20.01.2005 within six 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 2nd 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. 5. With this, the writ petition stands disposed of, but however, without costs. _________________________________ NOOTY RAMAMOHANA RAO, J) 19th April 2008 Tsy To 1 The Secretary, Govt of A.P, Tribal Welfare Department Secretariat Hyderabad 2 The Additional Agent to Govt. & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Special Deputy Collector Tribal Welfare, Badrachalam, Khammam District. 4 The Tahasildar Kothagudem(M) Khammam District. 5 Two CCs to 6 Two CDs to