IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24727 of 2008 Between: Akkireddi Soma Narsaiah, S/o. Chenchaiah, R/o. H.No. 8-1-75/1, Manuguru Village and Mandal, Khammam District. ..... PETITIONER AND 1 The Special Deputy Collector (TW), Bhadrachalam, Khammam District. 2 The Tahsildar, Manuguru Mandal, Khammam District. 3 Addl. Agent to Governemnt (Project Officer, ITDA), Bhadrachalam, 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 an appropriate writ, order or direction, particularly one in the nature of Mandamus, declaring the inaction of the 3rd respondent in not granting stay of the Order dt. 24.7.2008 in Case No.66/2008/MGR of the 1st respondent herein, but served on the petitioner on 16.9.2008, in Appeal ﬁled before him on 29.10.2008, as illegal, arbitrary, unreasonable, without jurisdiction, contrary to the provisions of A.P. Scheduled Area Land Transfer Regulation, as amended, and also violative of Articles 14, 21 and 300-A of the Constitution of India and issue a consequential direction to the 3rd respondent herein to stay the operation of the said order of the 1st respondent pending disposal of the above said Appeal before him. Counsel for the Petitioner:MR.M.RAJAMALLA REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER This writ petition has been ﬁled by Akkireddi Soma Narsaiah assailing the inaction of the Additional Agent to Government (Project Oﬃcer, ITDA), Bhadrachalam-3rd respondent in not entertaining the appeal as well as the stay application ﬁled challenging the order dated 24.7.2008 passed in Case No.66/2008/MGR by the first respondent. The petitioner claims to have purchased 20 guntas of land in Sy.No.138/1585 (earlier No.138/10) of Manuguru Village and Mandal, Khammam District from Pillarisetti Satyanarayana on 20.06.1969 under a sale deed. Proceedings have been initiated against the petitioner under the provisions of the AP Scheduled Area Land Transfer Regulation, 1959 as amended by Regulation 1 of 1970 on the ground that his possession in respect of 20 guntas of land in Sy.No.138/1585 is in contravention of the provisions of the AP Scheduled Area Land Transfer Regulation, 1959 as amended by Regulation 1 of 1970. The primary authority conducted enquiry and found possession of the petitioner is in contravention of the provisions of the AP Scheduled Area Land Transfer Regulation, 1959 as amended by Regulation 1 of 1970. Assailing the order passed by the primary authority, the petitioner ﬁled an appeal before the Additional Agent to Government, (Project Oﬃcer, ITDA), Bhadrachalam-3rd respondent. Since the appellate authority has not entertained the appeal as well as the stay application, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of R1 to R3. The factual aspect of the petitioner ﬁling appeal before the Additional Agent to Government, (Project Oﬃcer, ITDA)-3rd respondent assailing the order dated 24.7.2008 passed in case No.66/2008/MGR is not controverted by the learned Government Pleader appearing on behalf of R1 to R3. In that view of the matter, the writ petition is disposed of directing the 3rd respondent to consider the appeal as well as the stay application ﬁled by the petitioner and pass appropriate orders. There shall be status quo existing as on this day with regard to possession of the land in dispute till the disposal of the appeal or the stay application, whichever is earlier. No costs. _________ 12-11-2008 rkk