IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16991 of 2008 Between: Yele Surya Prakash Rao S/o Janakiramaiah R/o Bhadrachalam, Khammam District. ..... PETITIONER AND 1 The Agency Divisional Officer, and Sub Collector, Bhadrachalam Khammam District. 2 The Additional Agent to the Government, (Project Officer, ITDA), Bhadrachalam, Khammam District. 3 The Tahsildar, Mandal Revenue Officer, Bhadrachalam, Khammam District. 4 Esala Anasurya, W/o Sitharamulu R/o Adarsha Nagar, 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 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 petitioner on 28- 7-2008 as against the orders passed by the ﬁrst Respondent in LTR. Case No. 24/BCM/2008/dated 30-5-2008 communicated on 10-7-2008 in respect of the lands situated in Sy. no. 76/1 to an extent of Acres 0.04-1/2 cents situated at Bhadrachalam Town, Khammam District, as arbitrary, illegal and violation of Article 14, 21 and 300(A) of the Constitution of India and consequentially direct the Respondents not to interfere with the possession and enjoyment of the lands of the petitioner till the disposal of the statutory Appeal. Counsel for the Petitioner:MR.P.V.RAMANA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER The petitioner claims to be in possession and enjoyment of Ac.0-4 ½ cents comprising Sy.No.76/1 situated at Bhadrachalam Town. Proceedings have been initiated by the Agency Divisional Oﬃcer and Sub Collector, Bhadrachalam-1 st respondent for his ejectment from the site in question vide L.T.R. Case No.24/BCM/2008 dated 30.5.2008. He presented an appeal before the Additional Agent to the Government (Project Oﬃcer, ITDA)-2 nd respondent, as provided under the Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1/1959, as amended by Regulation 1/1970 and also moved stay application. Pending the appeal before the appellate authority, the Tahsildar- Mandal Revenue Oﬃcer, Bhadrachalam-3rd respondent is contemplating to eject the petitioner from the site in question. Hence, this writ petition. When the writ petition came up for admission, learned Government Pleader for Social Welfare received notice on behalf of R1 to R3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Social Welfare appearing for R1 to R3. Learned counsel appearing for the petitioner submits that the petitioner ﬁled statutory appeal before the Additional agent to Government (Project Oﬃcer, ITDA)-2 nd respondent and also moved an application seeking interim stay. If the petitioner is evicted from the site in question, the very purpose of filing the appeal would be defeated. In that view of the matter, the writ petition is disposed of directing the Additional Agent to the Government (Project Oﬃcer,ITDA)-2 nd respondent to dispose of the appeal ﬁled by the petitioner as expeditiously as possible. There shall be status quo existing as on this day with regard to possession of the site in question till the disposal of the appeal or the application seeking stay of the operation of the order, by the Agency Divisional Oﬃcer and Sub Collector-1st respondent, whichever is earlier. No costs. __________ 06-08-2008 rkk