IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 6695 of 2008 Between: Vennapoosa Rami Reddy S/o.Chenna Reddy R/o. Gurraigudem Village, Chandragunda Mandal, Khammam District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by Prl. Secretary Tribal Welfare Department, Secretariat, Hyderabad. 2 The Additional Agent to Government, Bhadrachalam, Khammam District. 3 The Agency Divisional Officer, Kothagudem. 4 Swayampakula Laxmi W/o.Not known R/o. Gurraigudem Village, Chandrugunda Mandal, 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 such appropriate writ order or direction to the respondents more particularly one in the nature of mandamus declaring the inaction of the first respondent in taking up the stay petition and passing interim order therein filed along with revision dt. 19-3-2008 against the Order of the Second Respondent dt. 27-10- 2007 in CMA No.44/2006 when there is threat of eviction to the petitioner, is arbitrary, illegal, and in deprivation of petitioner's right to life and as such violative of Article 14 & 21 of the Constitution of India and pass Counsel for the Petitioner : Sri Hari Sreedhar Counsel for Respondent Nos. 1 to 3: 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. The Agency Divisional Officer, Kothagudem passed orders in his proceedings in LTR Case No. 99/98/CHG against the writ petitioner herein on 08.02.2005 ordering his ejectment from out of the land of an extent of Ac.3.29 guntas in Survey No. 27 of Gurraigudem (Gurramgudem) Village, Khammam District. It is not in dispute that against this order of the Agency Divisional Officer, an appeal is provided to the Additional Agent to the Government and Project Officer, I.T.D.A., 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 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Agency Divisional Officer, Kothagudem dated 08.02.2005. The appeal filed by the petitioner in C.M.A.No. 44 of 2006 has been dismissed by the 2nd respondent by an order dated 27.10.2007. Aggrieved by the orders passed by the 2nd respondent, the writ petitioner preferred a revision before the Government – 1st respondent along with an interlocutory application. It is asserted that the Government of Andhra Pradesh is so preoccupied with other pressing works and consequently, is not in a position to take up the revision preferred and no interlocutory orders could be obtained by the writ petitioner. In the meantime, the Agency Divisional Officer and his subordinate officers are threatening the writ petitioner to vacate from out of the scheduled land. Therefore, the present writ petition has been instituted. Once a revision is preferred to the Government, it is only expected that it will be attended to at the earliest convenient time. If the revision itself cannot be decided, the interlocutory application moved by the parties seeking urgent interim orders could be attended to in the meantime. It is no doubt true that the Government is preoccupied with more pressing and important public functions, but that is no justification for not entertaining the revisions pending before it. In these set of circumstances, I consider it appropriate to direct the Government to entertain, hear and decide the revision preferred against the orders of the Additional Agent to the Government dated 27.10.2007 on or before 31st July 2008. Till such time, the status quo existing as of now with regard to possession be maintained. It is, however, open to the Government to independently consider the interlocutory application moved by the writ petitioner herein and decide the same even before it decides the revision preferred to it. With this, the writ petition stands disposed of. (NOOTY RAMAMOHANA RAO, J) 28th March, 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}