IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11710 of 2008 Between: 1 Dr. S.L.Kanta Rao, S/o. Sriram Ramachandra Rao, Maruti Para Medical Academy, Bhadrachalam R/o. Bhadrachalam, Khammam District. 2 Smt. M.Damayanthi, W/o. Krishna Rao, R/o. 9-2-97/9, Kunavaram Road,Bhadrachalam Khammam District. ..... PETITIONER(S) AND 1 The Additional Agent to the Government for Khammam District (Project Officer) at Bhadrachalam, Khammam District. 2 The Agency Divisional Officer, Bhadrachalam, Khammam District. 3 The Tahsildar, Bhadrachalam, Khammam District. 4 Buddula Tirupathi Rao Dora, State Secretary, A.P. Adivasi Chaitanya Samithi, Alluri Sitaramaraju Colony, Bhadrachalam, Khammam District. .....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 in the nature of mandamus declaring the action of the 1st respondent in not considering the application of the petitioners seeking stay of operation of the order of the Respondent No.2 in his L.T.R. Case No.3/BCM/2008, dated 15-3-2008 on entertaining the appeal filed by the petitioners herein as illegal amounting to refusal to exercise the appellate jurisdiction conferred to the 1st respondent under Regulation 1 of 1959 and consequentially to call for the records relating to the order of the 1st respondent in his L.T.R.Case No.3/BCM/2008, dated 15-3-2008 in which the Respondent no.3 is directed to take over possession of the schedule premises for the government to distribute the same to eligible scheduled tribes on evicting the petitioners under cover of panchanama and to set aside the same as illegal and to pass Counsel for the Petitioner:MR.P.V.MAHESH Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following Order: This writ petition has been filed assailing the inaction of the first respondent in disposing of the appeal filed against the orders passed by the second respondent. Heard Sri M.R.K.Chowdary, learned Senior Counsel and the learned Government Pleader appearing for respondents. Learned Senior Counsel appearing for the petitioners submits that the petitioners filed a statutory appeal before the first respondent and also moved an application seeking suspension of the orders passed by the second respondent, but the first respondent has not passed any orders thereon, which necessitated them to approach this Court by invoking the jurisdiction under Article 226 of the Constitution of India. As seen from the records, the second respondent passed the order on 15-03-2008 and the order is stated to have been received to the petitioners on 08-04-2008. Thereupon, the petitioners filed an appeal as provided under Section 3(3)(a) of the A.P.Scheduled Areas Land Transfer Regulation, 1959. The grievance of the petitioners is that their appeal along with an application seeking interim suspension of the orders passed by the second respondent has not been taken up for consideration. Such is the situation, I deem it appropriate to dispose of the writ petition at the admission stage directing the first respondent to consider the appeal filed by the petitioners in accordance with the provisions of A.P.Scheduled Areas Land Transfer Regulation, 1959 and pass appropriate orders. Till the interim application filed by the petitioners seeking suspension of the orders passed by the second respondent is disposed of, status quo with regard to the possession of the premises in question shall be maintained. The Writ Petition is, accordingly, disposed of. No order as to costs. ______________ 09-06-2008 Usd To 1 The Additional Agent to the Government for Khammam District (Project Officer) at Bhadrachalam, Khammam District. 2 The Agency Divisional Officer, Bhadrachalam, Khammam District. 3 The Tahsildar, Bhadrachalam, Khammam District. 4 The State Secretary, Buddula Tirupathi Rao Dora, A.P. Adivasi Chaitanya Samithi, Alluri Sitaramaraju Colony, Bhadrachalam, Khammam District. 5 Two CCs to G.P. for Social Welfare, High Court of A.P., Hyderabad (OUT). 6 Two CD copies.