IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13111 of 2008 Between: 1 Potru Veeraiah S/o Pullaiah R/o yetapaka, Bhadrachalam Mandal, Khammam district. 2 Vidiyala Laxminarayana S/o Mattaiah R/o yetapaka, Bhadrachalam Mandal, Khammam district. 3 Sarihaddu Venkanna S/o Momaraiah R/o yetapaka, Bhadrachalam Mandal, Khammam district. ..... PETITIONER(S) AND 1 The Agency Divisional Officer, and Sub Collector, Bhadrachalam, Khammam District. 2 The Additional Agent to the Government and the Project Officer, ITDA, Bhadrachamal, Khammam District. 3 The Tahsildar, mandal, Revenue Officer, Bhadrachalam Mandal, Khammam. .....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 Respondent No.2 in not disposing the statutory appeal filed by the petitioners 0n-19-6-3008 as against the orders passed by the first respondent in Case No. 9/BCM/2008 dated 1-3-2008 Communicated to the petitioners on 3-6-2008 in respect of the lands situated in Sy. Nos. 85/1 to an extent of Acres 0.05, 2-00 and 2-00 aces situated at yetapaka Village, bhadrachalam Mandal, Khammam District, as arbitrary, illegal and violative of Article 14, 21 and 300(A) of the Constitution of India, and consequently direct the Respondents not to interfere with the possession and enjoymnt of the lands of the petitioners till the disposal of the statutory appeal and to pass such other order or orders as this Honorable court may deem fit and proper inthe circumstances of the case. Counsel for the Petitioner:MR.P.V.RAMANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13111 OF 2008 ORDER: 1. This writ petition has been filed by the petitioners who are three in number assailing the inaction of the Additional Agent to the Government, Project Officer, ITDA, Bhadrachalam, Khammam District-2nd Respondent in disposing of the appeal filed by the petitioners challenging the order passed by the Agency Divisional Officer, Special Collector, Bhadrachalam. Khammam District-1st Respondent. 2. Proceedings have been initiated against the petitioners for their eviction on the ground of their being in possession of Ac. 4-05 guntas comprising S.NO. 85/1 of Yatapaka village in contravention of the provisions of A.P. ( Scheduled Areas) Land Transfer Regulation 1 of 1959 as amended Regulation 1/ 1970. After an enquiry, the primary authority i.e. 1st Respondent ordered for their eviction. Thereupon they filed an appeal as provided under the A.P. (Scheduled Areas) Land Transfer Regulation 1 of 1959 as amended Regulation 1/1970. They also moved applications seeking interim stay of the order of the eviction passed by the primary authority. 3. It is the contention of the petitioners that Tahsildar, Mandal Revenue Officer, Bhadrachalam, Khammam District-3rd Respondent is proceeding with the execution of the order passed by the primary authority, despite pendency of the appeal. Hence, this writ petition with a prayer stated supra. 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for social Welfare appearing on behalf respondents. 5. The factual aspect of pendency of the appeal filed by the petitioners before the 2nd Respondent is not in dispute. Such is the situation, I deem it appropriate to direct the 2nd Respondent to dispose of the appeal filed by the petitioners as expeditiously as possible preferably within three months from the date of receipt of copy of this order. There shall be status quo with regard to the possession in respect of the lands in dispute till the disposal of the appeal or the interlocutory application filed by the petitioners, whichever is earlier. 6. With the above observation, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 24th June, 2008. Note: C.C. in two days. B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13111 OF 2008 24th June, 2008.