IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 4249 of 2008 Between: Yellaboina Sreenu S/o. Late Ramulu R/o. Sarvaram Village, Kothagudem Mandal, Khammam Dist. ..... PETITIONER AND 1 The Special Deputy Collector ( Tribal Welfare) Bhadrachalam, Khammam District. 2 The Additional Agent to Government & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Tahsildar, Kothagudem, 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 2nd respondent in passing appropriate orders either on the stay petition or on the appeal itself filed on 05.02.2008 against the order of eviction dt. 03.08.2007 in L.T.R.Case No.258/2007/KGM passed by the 1st respondent as illegal, arbitrary and violative of principles of natural justice and consequently direct the 1st respondent to consider and dispose of the stay petition or the appeal itself within a reasonable time and further direct the respondents 1 to 3 or their subordinate staff not to dispossess petitioner possession and enjoyment of the land in S.Nos.50/1 to an extent of Acs.2-10 gts., situated at Sarwaram Village of Kothagudem Mandal, Khammam Dist., pending disposal of the appeal on the file of the 2nd respondent and pass any other order. Counsel for the Petitioner : MR.KOWTURU VINAYA KUMAR Counsel for the Respondents : GP FOR SOCIAL WELFARE The Court made the following : ORDER: Heard learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 2. In this writ petition, the petitioner questions the inaction on the part of the appellate authority in disposing of the appeal preferred by the petitioner on 05.02.2008 and also questions the validity of order dated 03.08.2007 passed in L.T.R.Case No.258/2007/KGM by the 1st respondent-Special Deputy Collector (Tribal Welfare), Bhadrachalam. 3. The petitioner claims title and possession with regard to the land admeasuring Ac.2.10 gts., covered by Survey No.50/1 situated at Sarwaram village of Kothagudem Mandal, Khammam District. It is the case of the petitioner that the said land was purchased by the late father of the petitioner from a non-tribal on 25.10.1965. On the ground that transfer of the above said land was in violation of the A.P.Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970, the 1st respondent- Special Deputy Collector (Tribal Welfare), Bhadrachalam, on 3rd of August 2007, has passed an order of eviction in L.T.R.Case No.258/2007/KGM and further ordered to take the said land into the custody of the Government so as to assign the same to the eligible Tribals. It is stated that as against the said order of eviction passed by the 1st respondent, the petitioner has filed an appeal before the 2nd respondent-appellate authority on 05.02.2008. It is the grievance of the petitioner that in the said appeal, the appellate authority did not pass any order so far, and on the other hand, the respondents are taking steps for eviction of the petitioner pursuant to the eviction orders dated 3rd of August 2007. 4. It is contended by the learned counsel for the petitioner that asmuch as the purchase was of the year 1965, the transfer in favour of late father of the petitioner was not in violation of the provisions of A.P.Scheduled Areas Land Transfer Regulation 1 of 1959 as amended by Regulation 1 of 1970. It is stated that without reckoning any definite finding on the question of validity of the transfer, in a routine and mechanical manner, the order of eviction was passed by the 1st respondent. Though the order of the 1st respondent is also questioned in this writ petition, but however, asmuch as the petitioner has already preferred an appeal on 05.02.2008 against the said order, which is said to be pending before the 2nd respondent-appellate authority, it is not desirable to record any finding on the correctness of that order. But however, as it is the case of the petitioner that he has succeeded to the said land from his late father, who stated to have purchased the same as early as in 1965, and as the appeal preferred by the petitioner against the order of eviction dated 3rd of August 2007 is pending consideration before the appellate authority, I deem it appropriate to dispose of this writ petition directing the 2nd respondent-appellate authority to dispose of the appeal preferred by the petitioner as expeditiously as possible. Further, I direct that the order of eviction passed by the 1st respondent in L.T.R.Case No.258/2007/KGM shall remain suspended till the appeal is disposed of by the 2nd respondent-appellate authority and the orders passed in the appeal shall be communicated to the petitioner. 5. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 28th February 2008 ajr To 1 The Special Deputy Collector ( Tribal Welfare) Bhadrachalam, Khammam District. 2 The Additional Agent to Government & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Tahsildar, Kothagudem, Khammam District.