Telangana High Court
WP/27581/2007 of Gantasala Naga Raju, Vs The Addl. Agent to Government CUM Project Officer, on 26 December 2007
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27581 of 2007 Dated 26th December, 2007 Between Gantasala Naga Raju …Petitioner and The Addl. Agent to Government cum Project Officer, Integrated Tribal Development Agency (ITDA), Bhadrachalam Khammam District, and, ors …Respondents.
HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 27581 of 2007
Dated 26[th] December, 2007
BetweenGantasala Naga Raju
…Petitioner
and
The Addl. Agent to Government cum Project Officer,Integrated Tribal Development Agency (ITDA), BhadrachalamKhammam District, and, ors …Respondents.
THE HON'BLE MR JUSTICE R.SUBHASH REDDYWRIT PETITION NO : 27581 of 2007
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ORDER:
In this Writ Petition, the petitioner seeks Writ of Mandamus todeclare the action of the first respondent in not passing orders on thestay application in the appeal filed against the order of eviction dated20-10-2007 passed in Case No. 204/2003/MGR by the Special DeputyCollector (TW),Bhadrachalam, Khammam District, as illegal andarbitrary.
The dispute relates to an extent of Ac.0.06 cents of land coveredby Sy.No. 220 of Bandarugudem village, Manuguru Taluk, KhammamDistrict. It is stated that the petitioner has purchased the said land fromthe father of the fourth respondent on 10-3-1961, i.e. prior to the enforcement of prohibition for transfer of lands belonging to tribalsunder the A.P. Scheduled Areas Land Transfer Regulation 1/1959, asamended by Regulation 1/1970. It is the case of the petitioner thatthough the said transfer is not hit by the A.P. Scheduled Areas LandTransfer Regulation 1/1959, as amended by Regulation 1/1970, but,however, the Special Deputy Collector (TW), Bhadrachalam, initiatedproceedings under the said Regulation and passed the order ofeviction dated 20-10-2007 in case No. 204/2003/MGR. It is stated thatagainst the said order, the petitioner has preferred appeal on 7-12-2007 along with an application for grant of interim order. It is thegrievance of the petitioner that though he has filed appeal, theappellate authority did not exercise jurisdiction vested in it by notpassing any order either on the appeal or stay application, and, on theother hand, the respondents are taking steps to enforce the order ofeviction.
As much as, it is stated that the petitioner has purchased thesubject land in the year 1961 and constructed a residential house inthe above said land, and, further, the appeal filed by the petitioner ispending consideration, I dispose of the Writ Petition directing thesecond respondent-appellate authority to dispose of the appeal filedby the petitioner on 7-12-2007 as expeditiously as possible. Further,there shall be a direction to the respondents not to enforce the order ofeviction dated 20-10-2007 till the disposal of the appeal and allow thepetitioner to be in possession of the land in question.
Subject to the above direction, the Writ Petition is disposed of atthe admission stage. No order as to costs DATE: 26-12-2007Msnr.
---------------------------------JUSTICE R. SUBHASH REDDY