Telangana High Court
WP/25891/2007 of Beesetti Atchiyamma W/o Appa Rao Vs The Additional AGent to the Government on 28 December 2007
R. SUBHASH REDDY Writ petition No.25891 of 2007 Dated: December 28, 2007 Between: Beesetti Atchiyamma W/o Apparao, Aged 65 years, Occ: Cultivation, R/o. Thantikonda village, Gokavaram Mandal, East Godavari District. … Petitioner And The Additional Agent to the Government,
HON’BLE Mr. JUSTICE R. SUBHASH REDDY
Writ petition No.25891 of 2007
Dated: December 28, 2007
Between:
Beesetti Atchiyamma W/o Apparao,Aged 65 years, Occ: Cultivation,R/o. Thantikonda village,Gokavaram Mandal, East Godavari District.
… Petitioner
And
The Additional Agent to the Government,Rampachodavaram, East Godavari District,And others.
… Respondents
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Order:
This writ petition has been filed seeking Mandamus to declarethe action of the respondents in evicting the petitioner from the landadmeasuring Ac.1.48 cents in Sy.No.102/2 of Pedabhimpalli Village,Devipatnam Mandal, East Godavari district, pursuant the orderdated 22-10-2007, passed by the second respondent in ADOLTR No.49/2007 in exercise of powers under A.P. Scheduled AreaLand Transfer Regulations 1/59 as amended by Regulation 1/70,pending disposal of the appeal filed by him against the said order asarbitrary and illegal.
2. Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare appearing on behalf of therespondents.
3. Petitioner claims to be the owner of the aforesaid land havingpurchased the same from one Mr. M. Veerabhadram by an agreementof sale dated 25-01-1968 and the same was registered vide documentNo.644/1972 dated 17-04-1972. The Agency Divisional Officer,Rampachodavaram, passed order dated 22-10-2007 evicting thepetitioner from the aforesaid land on the ground that he has purchasedthe same in contravention of the provisions of A.P. Scheduled AreaLand Transfer Regulations 1/59 as amended by Regulation 1/70. It isstated that against the order dated 22-10-2007, petitioner has filed anappeal dated 28-11-2007 before the first respondent, Additional Agentto Government, Rampachodavaram, along with an application for stay.
4. The grievance of the petitioner is that on one hand no ordershave been passed either on the stay application or on the appeal andon the other, steps are being taken for his eviction.
5. By the impugned order, while ordering eviction of the petitionerfrom the land in question, the second respondent has further directedthat the same be taken into the custody of the Government.
6. It is the case of the petitioner that he has purchased the land inquestion by an agreement of sale dated 25-01-1968 and the same hasalso been registered, and the purchase is not in violation of theprovisions of A.P. Scheduled Area Land Transfer Regulations 1/59 asamended by Regulation 1/70.
7. In view of the fact that the appeal filed by the petitioner ispending consideration, it is not desirable to record any finding on themerits of the case. As it is stated that the petitioner has purchased theland in question in the year 1968 and since then he has been in continuous possession and as much as the petitioner has availed theremedy of appeal, I dispose of the writ petition directing the firstrespondent/appellate authority to dispose of the appeal filed by thepetitioner against the order of the third respondent, which is numberedas C.M.A.No.29 of 2007, as expeditiously as possible. Till such time,respondents shall not take any steps for eviction of the petitioner fromthe land in an extent of Ac.1.48 cents in Sy.No.102/2 of PedabhimpalliVillage, Devipatnam Mandal, East Godavari district. There shall be noorder as to costs.
December 28, 2007MRR
_______________________________
JUSTICE R. SUBHASH REDDY.