Telangana High Court
WP/28296/2007 of Andhe Posalu Vs The Special Deputy Collector (TW) Bhadrachalam on 31 December 2007
R. SUBHASH REDDY WRIT PETITION No.28296 of 2007 December 31, 2007 Between: Andhe Posalu … Petitioner And 1. The Special Deputy Collector (TW) Bhadrachalam, Khammam District and 3 others. … Respondents * * * ORDER: In this writ petition the petitioner questions the inaction of
HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.28296 of 2007
December 31, 2007
Between:
Andhe Posalu … Petitioner
And
1. The Special Deputy Collector (TW) Bhadrachalam, Khammam District Bhadrachalam, Khammam District and 3 others. … Respondents
* * *
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ORDER:
In this writ petition the petitioner questions the inaction of theappellate authority in not considering his stay application and theappeal filed against the order of eviction passed by the PrimaryAuthority under the provisions of Andhra Pradesh Schedules AreasLand Transfer Regulation 1 of 1959.
2. The petitioner claims ownership and possession on 20 guntas ofland covered by survey No.138/3, situated at Mallaram village,Samithisingaram Gram Panchayat, Manuguru Mandal, KhammamDistrict. It is stated that petitioner has erected rice mill in the abovesaid land and doing business. The Special Deputy Colector (TW),Bhadrachalam, passed an order of eviction against one K. NarayanaReddy by recording a finding that the transfer of immovable propertybelonging to the Scheduled Tribe to the non-tribal is in violation of theprovisions of Andhra Pradesh (Scheduled Areas) Land TransferRegulation, 1959 as amended by Regulation 1 of 1970.
3. Heard the learned counsel appearing for the petitioner and thelearned Government Pleader for Social Welfare appearing for the respondents.
4. It is the case of the petitioner that he has not transferred the saidland. The petitioner himself is in possession and there is no violationof the provisions of the Regulations.
5. As against the orders of eviction dated 20[th] October 2007passed in LTR Case No.314/2007/MGR the petitioner has filed anappeal before the appellate authority i.e., second respondent-Additional Agent to the Government, on 01.12.2007. It is the grievanceof the petitioner that the appellate authority is not passing orders eitheron the stay petition or on the appeal itself and on the other handrespondents are taking steps for eviction. It is his case though evictionis ordered against 4[th] respondent, under the guise of impugned orderof eviction steps are being taken to dispossess the petitioner.
6. Under the provisions of Regulation 1 of 1959 and itsamendments by way of Regulation 1 of 1970 there is remedy of appealto the Agent to Government. The petitioner has already filed an appealagainst the order of eviction dated 20.10.2007 in L.T.R. CaseNo.314/3007/MGR and it is stated to be pending consideration.
7. In view of the allegation of the petitioner that there is no transferat all and in view of the pendency of the appeal, I dispose of the writpetition directing the second respondent-appellate authority to disposeof the appeal itself as expeditiously as possible. There shall be furtherdirection to the respondents not to evict the petitioner from theschedule land covered by the order dated 20.10.2007 passed in L.T.R.Case No.314/2007/MGR by the Special Deputy Collector (TW),Bhadrachalam, Khammam District.
8. Subject to the above directions, the writ petition is disposed of. No costs.
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Date: December 31, 2007.
Note:
Issue CC by two days. //B.O.//BSB
(R. SUBHASH REDDY, J)