IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 7825 of 2008 Between: Gangula Morkandi S/o. Bhumanna R/o. Seetagondi (V), Gudihatnoor (M), Adilabad Dsitrict. ..... PETITIONER AND 1 The Dist. Collector, Adilabad, Adilabad Dist. 2 The Project Officer, ITDA, Adilabad ( Head Quaters ). At Utnoor, Adilabad District. 3 The Special Deputy Collector (TW ), Adilabad, Head Quarter at Utnoor, Adilabad Dist. 4 The Tahsildar, Gudihatnoor Mandal, Adilabad Dsitrict. .....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 more particularly one in the nature of writ of Mandamus declaring the action of the Appellate Authority in not considering the stay application for granting for interim stay pending the statutory appeal under A.P. Scheduled Areas Land Transfer Regulations 1959 and A.P. Schedule Areas Land Transfer Rules 1969 is arbitrary, violative of Principles of natural justice, unjust and violative of Art. 14 of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the agricultural land admeasuring Ac.14.00 cents in Sy.No. 18, Seetthagondi Village, Gudihatnoor Mandal, Adilabad District. Counsel for the Petitioner : Sri L. Prabhakar Reddy Counsel for the Respondents : GP for Social Welfare The Court made the following O R D E R: Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare. The Special Deputy Collector, Adilabad passed orders in his proceedings in Case No.TWA2/52/2005 against the writ petitioner herein on 10.09.2007 ordering his ejectment from out of the land of an extent of Ac.14.00 in Survey No. 18 of Seethagondi Village, Gudihatnoor Mandal, Adilabad District. It is not in dispute that against this order of the Special Deputy Collector, an appeal is provided to the District Collector, Adilabad under Section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation Act, 1959. The writ petitioner has asserted that such an appeal had been preferred on 02.04.2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of the Special Deputy Collector dated 10.09.2007, but the 1st respondent did not choose to pass orders either on the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. Once an appeal is preferred to the 1st respondent, it is only expected that it will be attended to at the earliest convenient time. If the appeal itself cannot be decided, the interlocutory application moved by the parties seeking urgent interim orders could be attended to in the meantime. In these set of circumstances, I consider it appropriate to direct the 1st respondent to entertain, hear and decide the appeal preferred against the orders of the Special Deputy Collector, Adilabad dated 10.09.2007 within three months from the date of receipt of a copy of this order. Till such time, the status quo existing as of now with regard to possession be maintained. It is, however, open to the 1st respondent to independently consider the interlocutory application moved by the writ petitioners herein and decide the same even before it decides the appeal preferred to it. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 30th April 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}