IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 1212 of 2009 Between: 1. Eli Venkata Rao 2. Eli Ramana Rao 3. Eli Satyanarayan (died) 4. Eli Saraswathi 5. Eli Veera Venkata Satya Surya Vara Prasad 6. Eli Suresh Kumar 7. K.Uma Devi (Petitioners are residents of Purushottapatnam village, Sitanagaram mandal, East Godavari district). ..... PETITIONERS AND 1. The Special Deputy Collector, Tribal Welfare, Rampachodavaram, East Godavari district. 2. The Additional Agent to Government, Rampachodavaram, E.G. district. 3. The Special Deputy Tahsildar, Tribal Welfare, Devipatnam, East Godavari district. 4. The Tahsildar, Devipatnam, East Godavari district. 5. The Tribal Welfare Department, Govt. of A.P., Secretariat, Hyderabad, rep. by its Principal Secretary. .....RESPONDENT(S) 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 in the nature of writ of mandamus declaring the action of the respondents in trying to dispossess the petitioners from P.S. lands i.e. Ac.3-70 cents, Ac.4-00 cents and Ac.6-62 cents in Sy.No.47/4, 62/2 and 43/1 in Anguluru village, Devipatnam mandal, East Godavari district pursuant to orders in C.M.A.No.92 of 2005 dated 1.1.2009 passed by the second respondent in spite of revision filed on 24.1.2009 and consequently suspend the order in C.M.A.No.92 of 2005 dated 1.1.2009 passed by the second respondent and further restrain the respondents from dispossessing the petitioners from P.S. lands i.e. Ac.3-70 cents, Ac.4-00 cents and Ac.6-62 cents in Sy.No.47/4, 62/2 and 43/1 in Anguluru village, Devipatnam mandal, East Godavari district pursuant to orders in C.M.A.No.92 of 2005 dated 1.1.2009 passed by the second respondent pending disposal of revision before the fifth respondent. Counsel for the Petitioner:MR. N.VIJAY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1212 of 2009 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in trying to dispossess the petitioners from P.S. lands i.e. Ac.3-70 cents, Ac.4-00 cents and Ac.6-62 cents in Sy.No.47/4, 62/2 and 43/1 in Anguluru village, Devipatnam mandal, East Godavari district pursuant to orders in C.M.A.No.92 of 2005 dated 1.1.2009 passed by the second respondent in spite of revision filed before the Government. It appears, the third respondent filed a petition before the first respondent making complaint that the petitioners herein were in illegal possession of the subject land. The first respondent dismissed the said petition by order dated 2.12.2004. Having not satisfied with the same, third respondent carried the matter in appeal before the second respondent in C.M.A.No.92 of 2005. However, the second respondent by order dated 1.1.2009 set aside the orders passed by the first respondent directing for eviction of petitioners from the subject lands. Aggrieved thereby, petitioners carried the matter in revision before the fifth respondent. According to the petitioners, though the revision was taken up, the stay application filed along with revision was not disposed of. Hence the writ petition. Admittedly, petitioners were in possession as on the date of complaint made by third respondent and the primary authority-first respondent passed orders in favour of the petitioners. However, the appellate authority reversed the findings recorded by the primary authority, but althrough petitioners were in possession and enjoyment of the subject lands. Under those circumstances, the fifth respondent is directed to consider and dispose of the stay application filed along with the revision by the petitioners, as per law, within a period of two months from the date of receipt of this order. Till such time, the impugned order passed by the second respondent in C.M.A.No.92 of 2005 dated 1.1.2009 is suspended and the respondents are directed not to dispossess the petitioners from the subject lands. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 28.1.2009 Note: Issue C.C. in (3) days. B/o DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1212 of 2009 28.1.2009