Telangana High Court
WP/28356/2008 of Dulla Venkata Swamy Vs The Additional Agent to the Govt on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28356 of 2008 Between: 1 Dulla Venkata Swamy S/o.Chinnayya Kamarajupeta(V)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28356 of 2008
Between:
1 Dulla Venkata Swamy S/o.Chinnayya
Kamarajupeta(V) Gangavaram(M) E.G District 2 Manchukonda Narayya S/o.Kasulu Kamarajupeta(V) Gangavaram(M) E.G District 3 Narala Somulu W/o.Appalakonda Kamarajupeta(V) Gangavaram(M) E.G District
AND
..... PETITIONER(S)
1 The Additional Agent to the Govt Ramachodavaram E.G District 2 The Special Deputy Collector(TW) Rampachodavaram E.G District 3 The Tahsildar Gangavaram (M) E.G District 4 The Special Deputy Tahsildar(TW) Gangavaram(M) E.G District
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue appropriate writ or order or direction more particularlyone in the nature of writ of Mandamus declaring the action of therespondents in evicting the petitioners from their lands to an extent of Ac3-33 cents in R.S No.41/2 of Patha Ramavaram(V) Gangavaram(M) E.GDistrict in pursuance of the order passed by the 2nd respondent in LTRPNo.6/2005 dt 6-5-2008 pending disposal of the appeal filed before the 1strespondent as illegal arbitrary and unjust and consequently direct therespondents not to evict the petitioners from the above mentioned landspending disposal of the appeal in the interest of justice.
Counsel for the Petitioner:MR.K.VENKATESH
Counsel for the Respondent No.: GP FOR SOCIAL WELFARE
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ORDER
According to the petitioners, they are the absolute owners andpossessors of an extent of Ac.1-11 of land each in R.S.No.41/2 ofPatha Ramavaram Village, Gangavaram Mandal, East Godavari District. The 4[th]respondent-Special Deputy Tahsildar (TribalWelfare), Gangavaram Mandal, East Godavari District, filed LTRPNo.6 of 2005 against them under Section 3 (1) (a) of Andhra PradeshScheduled Areas Land Transfer Regulations, 1959 as amended byRegulation 1 of 1970. The 2[nd] respondent-Special Deputy Collector(Tribal Welfare) Rampachodavaram, passed eviction order on6.5.2008 and directed the 3[rd] respondent to execute the said orderand submit delivery report to him. Questioning the said order, thepetitioners preferred an appeal along with an application seekingsuspension of the ejectment order passed by the 2[nd] respondentbefore the 1[st]respondent-Additional Agent to Government,Rampachodavaram. Pending consideration of the same, therespondents are taking steps to evict the petitioners from the lands inquestion. Hence, the petitioners approached this Court and filed thepresent writ petition.
Having heard the learned counsel for the petitioners, thisCourt is of the view that this writ petition can be disposed of, at theadmission stage, inasmuch as the appeal is very much pendingbefore the 1[st] respondent.
Accordingly, the writ petition is disposed of with a direction tothe 1[st] respondent to dispose of the appeal within a period of eightweeks from the date of receipt of a copy of this order. During theinterregnum, the petitioners shall not be evicted from the lands inquestion. No costs.
rkk
__________30-12-2008