IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 9355 of 2008 Between: Vasamsetti Parvathi, W/o. Jagannadham, R/o. H.No. 7-1-205/2, R&B Main Road, Bandarugudem, Manuguru Mandal, Khammam District. ..... PETITIONER AND 1 The Additional Agent to Government CUM Project Officer, Integrated Tribunal Development Agency, (ITDA) At Bhadrachalam, Khammam District. 2 The Special Deputy Collector (TW), Bahdarachalm, Khammam District. 3 The Tahsildar, Manurugu Taluka, Khammam District. 4 The S.H.O., P.S. Manuguru, Khammam District, Andhra Pradesh. 5 Bandaru Nageswar Rao, S/o. Late Chinnabbai, R/o. Bandarugudem, Manuguru Mandal, Khammam District. 6 Bandaru Chinna Venkaiah, S/o. Thirumalaiah, R/o. R &B Main Road, Bandarugudem, Manuguru Mandal, 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 an appropriate Writ, order or direction, particularly one in the nature of Mandamus, declaring the inaction of the respondents 1 to 4 herein not granting stay of the operation of the Order dt. 30-11-1987 and 6A case dated 12-03-2008 in Case No. 209/MGR/87 of the 2nd respondent herein, received by the on 15-04- 2008 as illegal, arbitrary, unreasonable, contrary to the provisions of A.P., Scheduled Area Land Transfer Regulation and also violative of Articles 14, 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents 2 to 6 herein not to evict the petitioner from the petitioner house bearing No. 7-1-205/2 an extent of 10 Sq. Yards of land in Sy.No.2 28 situated at R & B Main Road, Bandarugudem, Manuguru Taluka, KHammam District pending disposal of the appeal filed by the petitioner herein before the 1st respondent herein. Counsel for the Petitioner : Sri S.Madan Mohan Rao Counsel for Respondent Nos.1 & 2: GP for Social Welfare Counsel for respondent Nos. 5 & 6 : Sri K. Balagopal The Court made the following O R D E R: This writ petition has been instituted calling in question the order passed on 30th November 1987 and the order passed on 12th March 2008 by the 2nd respondent against which the writ petitioner has preferred an appeal on 15th April 2008 before the Additional Agent to the Government, CUM Project Officer, Integrated Tribal Development Agency, Bhadrachalam, Khammam District. Along with the appeal, she has also moved an application seeking stay of the operation of the orders. It is the case of the petitioner that respondent Nos. 5 and 6 have not sued her properly in 1987, but sued another individual by name, Sri Seelam Satyanarayana, who has not preferred to contest the said case in 1987 and while seeking to execute such an order, the Special Deputy Collector passed the impugned order on 12th March 2008. The unofficial respondents have filed a detailed counter in the matter pointing out that the petitioner is acting in collusion with the said Satyanarayana and consequently, for more than 21 years, the orders passed by the Special Deputy Collector have not been given effect to and that the present order passed on 12th March 2008 is nothing but an execution of a decree that is passed for ejectment of the petitioner. This question being a factual matter will have to be considered by the Appellate Authority. However, at this stage, it will be relevant to notice that the petitioner is said to have constructed a house and she is in possession thereof. Therefore, the balance of convenience would lie in allowing her to continue to occupy the said house till 31st August 2008, by which time, the 1st respondent – Additional Agent to the Government and Project Officer, ITDA, Bhadrachalam should dispose of the appeal preferred by the writ petitioner. For any reason, if the appeal is not to be disposed of, the 1st respondent shall hear the stay application, by providing an opportunity to the opposite party to contest the same, any time prior to 15th July 2008. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 1st May 2008 Note: Issue CC tomorrow. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}