HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2340 of 2008 Dated: 07-02-2008 Between: Badireddy Venkata Reddy. … Petitioner And The Additional Agent to the Government, Rampachodavaram, East Godavari District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2340 of 2008 ORDER: In view of the pendency of the appeal filed by the petitioner under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970 (for short ‘the Regulations’), this writ petition is disposed of at the stage of admission after hearing learned counsel for the petitioner and also the learned Government Pleader for Social Welfare. Petitioner claims to be in possession of 2.14 hectares of land covered by Survey No.156/1 situated in Indukurupeta village of Devipatnam Mandal, East Godavari District. The 2nd respondent-Agency Divisional Officer, Rampachodavaram, in exercise of powers conferred under the Regulations, ordered eviction of the petitioner by his order dated 7th of January 2008 in L.T.R.Case No.70 of 2007 and further ordered to take the land into Government custody. The said order is assailed before the appellate forum i.e. the 1st respondent- Additional Agent to Government. It is stated that the appeal is filed on 29th of January 2008. It is the grievance of the petitioner that although his appeal is pending consideration, respondents are taking steps for his eviction from the petition schedule lands. It is submitted by learned counsel for petitioner that in view of the very finding recorded by the primary authority that the land belong to the Government and the petitioner is an encroacher of the Government land, the Regulations are not applicable. Petitioner questions the order of eviction on the ground that the said order was passed without jurisdiction. In view of the pendency of appeal preferred by the petitioner, it is not necessary for this Court to record a finding on merits, but however, as it is stated that the petitioner’s family is in possession of the said land for the last more than sixty years and though the land was unfit for cultivation, they have made it fit for cultivation by clearing the trees and bushes, I deem it appropriate that petitioner may be given the opportunity of availing the remedy of appeal which is the substantive remedy available under the Regulations. In that view of the matter, I dispose of the writ petition, directing the 1st respondent-appellate authority to dispose of the appeal preferred by the petitioner as expeditiously as possible and further direct the respondents to maintain status quo as on today with regard to possession of the petitioner over the petition schedule property till the disposal of appeal. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 7th February 2008 ajr