IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26371 of 2008 Between: Panthangi Venkata Narasamma W/o.Rama Rao R/o.Khammam,Khammam District ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Principal Secretary,Tribal Welfare Department, SEcretariat, Hyderabad 2 The Additional Agent to the Government & project officer ITDA,Bhadrachalam, Khammam District 3 The Agency Divisonal Officer,ITDA,Bhadrachalam Bhadrachalam,Khammam District 4 The Tahsildar, Bhadrachalam Mandal, Khammam District 5 K.Rama Rao S/o.Kishtaiah R/o.H.No.17-113,Kamala Nagar,Dilsukhnagar Hyderabad 6 Itham Raju Ammakka (died) .....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 particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in not passing the orders either on the stay petition or on the main Appeal filed by the petitioner against the orders inCMA.No.50 of 2007 on the file of the Additional Agent to Government-project officer ,ITDA Bhadrachalam, Khammam District dated 21.6.2008 served on the petitioner on 20.9.2008 by confirming the orders passed by the Agency Divisional Officer, Bhadrachalam in LTR Case.No.14/2004/BCM dated 21.11.2006 is illegal, and void and opposed to Articles, 14,19,21 and 300-A of the Constitution of India and consequently to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners land situated in SY.No.14/2 to an extent of Ac.9.98 cents of Bhadrachalam village and Mandal, Khammam District. Counsel for the Petitioner: MR.MUMMANENI.SRINIVASA RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26371 of 2008 O R D E R: This writ petition is filed seeking a declaration that the action of the 1st respondent in not passing orders either on the stay petition or on the Appeal filed by the petitioner against the orders in CMA.No.50 of 2007, is arbitrary and illegal. On the basis of a report furnished by the Mandal Revenue Officer, Bhadrachalam, proceedings against the petitioner were initiated by the Agency Divisional Officer, under the provisions of Land Transfer (Regulation) Act, 1959. The petitioner was given sufficient opportunity and having considered the submissions, the Agency Divisional Officer gave a finding against the petitioner and ordered eviction from the lands in question. The stay order was passed on 21- 11-2006. Questioning the said order, the petitioner approached the Additional Agent to Government Bhadrachalam and filed CMA.No.50 of 2007. However, the said appeal was dismissed by the Appellate Authority on 21-06-2008. Aggrieved by the said order, the petitioner filed a revision and along with the said revision, she filed an application seeking suspension of the said orders passed by the respondents 2 and 3. As no orders have not yet been passed, the petitioner filed the present writ petition. Having heard the learned counsel for both the parties and also taking the fact that the petitioner is in possession of the lands in question during the pendency of the said enquiry and the appeal, this Court is of the view that the petitioner can be permitted to be in possession of the lands in question pending disposal of the said revision. Accordingly, the writ petition is disposed of permitting the petitioner to be in possession of the lands in question pending revision, and the Government, which is the Revisional Authority is hereby directed to dispose of the revision, preferably, within a period of eight weeks from the date of receipt of a copy of this order. No costs. _______________________________ GOPALA KRISHNA TAMADA,J Date: 03-12-2008 KLP