HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2038 of 2008 Dated 5th February, 2008 Between R.Narayana Murthy …Petitioner and The Additional Agent to Government, Rampachodavaram, East Godavari District, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 2045 of 2008 ORDER: This Writ Petition is filed with the prayer as follows: “……to issue appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in evicting the petitioner from the land to an extent of Ac.2.82 cents in Sy.No.110/2C situated at Mollimetla village, Rajavommangi Mandal, EG District, as highly illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently set aside all further proceedings initiated by the respondents in pursuance of the order passed by the second respondent in ADO LTR No.43/2006 dated 20-11-2007 including eviction pending disposal of the appeal filed before the first respondent under the provisions of AP Scheduled Areas Land Transfer Regulations in the interest of justice and to pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case” The petitioner claims to be the owner and possessor of the land to an extent of Ac.2.82 cents in Sy.No.110/2C situated at Mollimetla village, Rajavommangi Mandal in East Godavari District. It is stated that the said land is his ancestral property, and the same was devolved on him and there is no transfer of the said land in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970. It is further stated that on the application of the fourth respondent, the second respondent initiated proceedings against the petitioner under the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and passed order dated 20-11-2007 in Proceedings No.ADOLTR.No.43/2006 for eviction of the petitioner from the land in question and further ordered to handover the possession of the subject land to the fourth respondent. It is stated that as against the said order of the primary authority, the petitioner preferred appeal on 21-1-2008 before the first respondent, as contemplated under Regulation 8(1) of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, along with an application for grant of stay and the same is pending consideration. On the ground that in spite of the appeal filed by the petitioner, no orders have been passed and on the other hand, respondents are taking steps for eviction of the petitioner, he has come up with this Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents. From a perusal of the order passed by the primary authority, there is no indication of transfer of the subject land from the fourth respondent to the petitioner. In any event, in view of the pendency of the appeal preferred by the petitioner against the order of eviction dated 20-11-2007, it is for the appellate authority to consider the various grounds raised by the petitioner in the appeal filed assailing the eviction order dated 20-11-2007. As much as it is stated that there is no transfer of subject land in contravention of the A.P. Scheduled Areas Land Transfer Regulation 1/1959, as amended by Regulation 1/1970, and, further, the appeal preferred by the petitioner is pending consideration, I dispose of the Writ Petition directing the first respondent-appellate authority to dispose of the appeal filed by the petitioner on 21-1-2008 as expeditiously as possible, by giving opportunity to the petitioner. Till the disposal of the said appeal, the order dated 20-11-2007 passed by the second respondent shall remain suspended and there shall be a further direction to the respondents to allow the petitioner to be in possession of the subject land, pending disposal of the appeal. Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 05-02-2008 Msnr.