IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28025 of 2008 Between: 1 Kunche Sanyasi alias Venkata Ramana S/o. Appanna R/o. Pidathamamidi Village, Gangavaram Mandal, East Godavari District. 2 Kunche Appanna S/o. Sanyasi (Died) R/o. Pidathamamidi Village, Gangavaram Mandal, East Godavari District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Social Welfare (LTR-2) Department, Secretariat Buildings, Hyderabad, rep. by its Principal Secretary. 2 The Additional Agent to Government, Rampachodavaram, East Godavari District. 3 The Special Deputy Collector (Tribal Welfare), Rampachodavaram, East Godavari District. 4 The Special Deputy Tahsildar (Tribal Welfare), Gangavaram, East Godavari District. 5 The Tahsildar, Gangavaram Mandal, East Godavari 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not passing orders in Revision Petition and further declare the order of the 2nd respondent in C.M.A.No.75 of 2005 dated 06.12.2008, as highly illegal, arbitrary, unjust, improper, and in violation of principles of natural justice and consequently set- a-side the same and pass Counsel for the Petitioner:MR.BADANA.BHASKARA RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ petition has been filed by the petitioners, who are two in number, assailing the inaction of the 1st respondent in considering the revision filed by them against the order dated 06.12.2008 passed in CMA No.75 of 2005. The petitioners claim to be the owners and possessors of Acs.5-82 cents of land comprising Sy.No.26/2 of Pidathamamidi Village, Gangavaram Mandal, East Godavari District. The 4th respondent-Special Deputy Tahsildar, Tribal Welfare, Gangavaram suo-moto initiated proceedings and filed a case in LTRP No.91 of 2003 under Section 3 of Andhra Pradesh Schedule Areas Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970. The 3rd respondent-Special Deputy Collector, Tribal Welfare, Rampachodavaram, after an elaborate enquiry, dismissed the said LRTP No.91 of 2003, on the ground that their possession is not in contravention of the provisions of Andhra Pradesh Schedule Areas Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970. Questioning the same, the 4th respondent filed CMA No.75 of 2005 before the 2nd respondent-Additional Agent to Government, Rampachodavaram. The appellate authority, without assigning any reasons, allowed the appeal filed by the 4th respondent and directed the 5th respondent to evict the petitioners from the petition schedule land. Aggrieved by the same, they filed revision before the 1st respondent and also moved stay application. There being no action by the 1st respondent on the revision as well as the stay application, they approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. Heard the learned counsel appearing for the petitioners and the learned Government Pleader for Social Welfare appearing on behalf of R1 to R5. Learned counsel appearing for the petitioners submits that the respondents are contemplating to dispossess the petitioners from the land in dispute pending revision. The factual aspect of the petitioners filing revision before the 1st respondent is not in dispute. In that view of the matter, the writ petition is disposed of directing the 1st respondent to consider the revision filed by the petitioners and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. Pending consideration of the revision, the respondents shall not interfere with the peaceful possession and enjoyment of the land in question. No costs. __________ 24-12-2008 Note: Issue wire at party’s costs. (B.O) rkk