WP/28098/2007 of Dasari Venkateswara Rao, Vs The Agency Divisional Officer and Sub Collector, on 28 December 2007

ORDER:

This Writ Petition is filed with the prayer as follows:

“….to issue a Writ, Order or direction, more in the natureof Mandamus declaring the action of the second respondent innot disposing of the statutory appeal filed on 15-10-2007 asagainst the orders passed by the Agency Divisional Officer andSub Collector, Bhadrachalam in LTR Case No.3/BCM/2007,dated 20-8-2007 for eviction from the lands situated inSy.No.10/1 to an extent of Ac.2.43 guntas situated atThallagudem village of Bhadrachalam Mandal, KhammamDistrict as arbitrary, and vidolative of Article 14,16,21 and300(A) of the Consltitution of India and consequently to directthe respondents not to interfere with the lands in question till thedisposal of the above statutory appeal and to pass such otherorder or orders as this Honourable Court may deem fit andproper in the circumstances of the case.”

It is the case of the petitioner that the petitioner has taken theland to an extent of Ac.11.10 guntas covered by Sy. No.25 ofTallagudem village, Bhadrachalam Manndal in Khammam District, onlease, by way of permanent lease deeds as early as on 8-1-1953 and15-10-1956, from the pattadar, a non-tribal. It is stated that the AgencyDivisional Officer & Sub Collector, Bhadrachalam, has initiated theproceedings against the petitioner under the A.P. Scheduled AreasLand Transfer Regulation 1/1959, as amended by Regulation 1/1970and by order dated 20-8-2007 passed in LTR Case No.3S/BCM/2007,ordered for eviction of the petitioner from the land to an extent ofAc.2.43 guntas covered by Sy.No.10/1 of Thallagudem village. Asagainst the said order of eviction, the petitioner has preferred statutoryappeal along with an application for grant of interim order, on 15-10-2007, before the second respondent-Additional Agent to Government,project Officer, ITDA, Bhadrachalam, Khammam District. It is furthersubmitted that when the claim of the petitioner for grant of Ryotwaripatta was rejected, the petitioner carried the matter in appeal ascontemplated under the under the A.P. (Scheduled Areas RyotwariSettlement) Regulation 1970, (Regulation II of 1970), before theCommissioner & Director of Settlements, at Hyderabad and the saidappellate authority granted interim order in favour of the petitioner inproceedings No.7985/07(A2), dated 13-12-2007. It is the grievance ofthe petitioner that in spite of the appeal filed by the petitioner alongwith an application for grant of interim order before the secondrespondent, no orders have been passed either on the appeal or stayapplication, and, further, the appeal preferred before the Commissioner& Director of Settlements is pending consideration, the respondentsare taking steps to enforce the order of eviction.

From a perusal of the impugned order, prima facie, thereis no clear findings with regard to violation of the A.P. ScheduledAreas Land Transfer Regulation 1/1959, as amended by Regulation1/1970. In any event, with regard to the validity of the eviction order,the matter is seized before the appellate authority-second respondent,as such, it is not desirable to record any finding on the said transactionat this stage. As much as the petitioner claims to be in possession ofthe subject land by virtue of the permanent lease deeds dated 8-1-1953 and 15-10-1956 and the appellate authority-Commissioner &Director of Settlements granted interim order dated 13-12-2007 infavour of the petitioner in the appeal filed by him, I dispose of the WritPetition directing the second respondent-Appellate authority todispose of the appeal preferred by the petitioner on 15-10-2007 asexpeditiously as possible. Further, there shall be a direction to therespondents not to enforce the order of eviction dated 15-10-2007 tillthe disposal of the appeal by the second respondent-appellateauthority and allow the petitioner to be in possession of the land inquestion.

Subject to the above direction, the Writ Petition is disposed of atthe admission stage. No order as to costs

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JUSTICE R. SUBHASH REDDYDATE: 28-12-2007.Note: CC in two days(BO) Msnr.