WP/27965/2007 of Polamrasettti Appananarasamma, Vs The Additional Agent to the Government, on 28 December 2007

ORDER:

This Writ Petition is filed with the prayer as follows:

“……to issue appropriate Writ or order or direction moreparticularly one in the nature of Writ of Mandamus declaring thection of the respondents in evicting the petitioner from the landto an extent of Ac.2.73 cents in Sy.No.95/1 situated atPedabhimpalli village, Devipatnam Mandal, EG District, ashighly illegal, arbitrary and violative of Articles 14 and 21 of theConstitution of India and consequently set aside all furtherproceedings initiated by the respondents in pursuance of theorder passed by the second respondent in ADO LTRNo.48/2007 dated 15-10-2007 including eviction pendingdisposal of the appeal filed before the first respondent under theprovisions of AP Scheduled Areas Land Transfer Regulationsin the interest of justice and to pass such other order or ordersas this Honourable Court may deem fit and proper in thecircumstances of the case”

The petitioner claims to be the owner and possessor of the landto an extent of Ac.2.73 cents covered by Sy.No. 95/1 of Pedabhimpallivillage, Devipatnam Mandal in East Godavari District. It is stated thatthe said land was purchased by the petitioner from its previous owner,a non-tribal, by an agreement of sale deed dated 29-6-1969 andsubsequently registered vide document No.602/1972. It is stated that,though the said transaction was not hit by A.P. Scheduled Areas LandTransfer Regulation 1/1959, as amended by Regulation 1/1970, buthowever, proceedings were initiated against the petitioner and theprimary authority-second respondent, by order dated 15-10-2007passed in Proceedings No.ADOLTR.No.48/2007 ordered eviction ofthe petitioner and directed to take custody of the said land intoGovernment, and, to assign the same to eligible tribes. It is furtherstated that as against the said order of the primary authority, thepetitioner preferred appeal on 30-11-2007 as contemplated underRegulation 8(1) of the A.P. Scheduled Areas Land Transfer Regulation1/1959, along with an application for grant of stay and the same ispending consideration. On the ground that in spite of the appeal filedby the petitioner, no orders have been passed and on other hand,respondents are taking steps for eviction of the petitioner, she hascome up with this Writ Petition Heard the learned Counsel for the petitioner and the learnedGovernment Pleader for the respondents.

Whether the purchase of the subject land by the petitioner is incontravention of the A.P. Scheduled Areas Land Transfer Regulation 1/ 1959, as amended by Regulation 1/1970 or not, is a matter which isrequired to be considered by the appellate authority. In view of thependency of the appeal, it is not desirable to record any finding on thesaid transaction at this stage. As much as, it is stated that the petitionerpurchased the subject land in the year 1969 and the appeal filed byher before the appellate authority is pending consideration, I deem itappropriate to hold that any eviction at this stage will result in hardshipto the petitioner. In that view of the matter, I dispose of the Writ Petitiondirecting the first respondent-appellate authority to dispose of theappeal filed by the petitioner on 30-11-2007 as expeditiously aspossible, by giving opportunity to the petitioner. Till the disposal of thesaid appeal, the order dated 15-10-2007 passed by the secondrespondent shall remain suspended and there shall be a furtherdirection to the respondents to allow the petitioner to be in possessionof the subject land, pending disposal of the appeal Subject to the above direction, the Writ Petition is disposed of atthe admission stage. No order as to costs.

DATE: 28-12-2007Note: CC in two days(BO) Msnr.