IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8676 of 2008 Between: Kamavarapu Venkata Subrahmanya Sharma, S/o.late Bhairava Murthy, R/o. H.No. 3134/1, Rajaveedhi, Bhadrachalam Town and Mandal, Khammam District. ..... PETITIONER AND 1 The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District. 2 The Additional Agent to Government & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Tahsildar, 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 or direction preferably Writ of Mandamus declaring the action of the 2nd respondent in not passing appropriate orders either on the stay petition or on the appeal itself filed on 25-3-2008 against the order of eviction dt. 25- 1-2008 in L.T.R. Case No. 27/BCM/2007 passed by the 1st respondent as illegal, arbitrary and violative of principles of natural justice and consequently direct the 1st respondent to consider and dispose of the stay petition or the appeal itself within a reasonable time and further direct the respondents 1 to 3 or their subordinate staff not to dispossess petitioner from possession and enjoyment of the house bearing No. 3-1-4/1 & 3-1-4 situated at Rajaveedhi Bhadrachalam Town and Mandal of Khammam District, pending disposal of the appeal on the file of the 2nd respondent. Counsel for the Petitioner: Mr.KOWTURU VINAYA KUMAR 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. 2. The Special Deputy Collector, Bhadrachalam passed orders in his proceedings in L.T.R.Case No.27/BCM/2007 against the writ petitioner herein on 25.01.2008 ordering him ejectment from out of the property bearing H.Nos.3-1-4/1 & 3-1-4, Rajaveedhi, Bhadrachalam. It is not in dispute that against this order of the Special Deputy Collector, an appeal is provided to the Additional Agent to the Government, Bhadrachalam, Khammam District 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 15.03.2008 and along with the appeal, an interlocutory application was also moved seeking stay of the operation of the orders of Special Deputy Collector, Bhadrachalam, dated 25.01.2008, but the 2nd respondent did not choose to pass orders either in the stay petition or in the main appeal. Therefore, the present writ petition has been instituted. 3. Once an appeal is preferred to the 2nd 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. 4. In these set of circumstances, I consider it appropriate to direct the 2nd respondent to entertain, hear and decide the appeal preferred against the orders of the Special Deputy Collector, Bhadrachalam dated 25.01.2008 within six 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 2nd respondent to independently consider the interlocutory application moved by the writ petitioner herein and decide the same even before it decides the appeal preferred to it. 5. With this, the writ petition stands disposed of, but however, without costs. _________________________________ NOOTY RAMAMOHANA RAO, J) 19th April 2008 Tsy To 1 The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District. 2 The Additional Agent to Government & Project Officer, I.T.D.A., Bhadrachalam, Khammam District. 3 The Tahsildar, Bhadrachalam, Khammam District. 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{TRT}