Telangana High Court
WP/27586/2007 of Seelam Satyanarayana, Vs The Addl. Agent to Government CUM Project Officer, on 26 December 2007
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27586 of 2007 Dated 26th December, 2007 Between Saleem Satyanarayana …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 : 27586 of 2007
Dated 26[th] December, 2007
BetweenSaleem Satyanarayana
…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 REDDY
WRIT PETITION NO : 27586 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 dated28-9-2007 passed in Case No. 212/2003/MGR by the Special DeputyCollector (TW),Bhadrachalam, Khammam District, as illegal andarbitrary.
The dispute relates to an extent of Ac.0.06 guntas of landcovered by Sy.No. 220 of Bandarugudem village, Manuguru Taluk,Khammam District. It is stated that the petitioner has purchased thesaid land from the father of the fourth respondent on 3-10-1961, i.e.
prior to the enforcement of prohibition for transfer of lands belonging totribals under the A.P. Scheduled Areas Land Transfer Regulation1/1959, as amended by Regulation 1/1970. It is the case of thepetitioner that though the said transfer is not hit by the A.P. ScheduledAreas Land Transfer Regulation 1/1959, as amended by Regulation1/1970, but, however, the Special Deputy Collector (TW),Bhadrachalam, initiated proceedings under the said Regulation andpassed the order of eviction dated 28-09-2007 in case No.212/2003/MGR. It is stated that against the said order, the petitionerhas preferred appeal on 7-12-2007 along with an application for grantof interim order. It is the grievance of the petitioner that though he hasfiled appeal, the appellate authority did not exercise jurisdiction vestedin it by not passing any order either on the appeal or stay application,and, on the other hand, the respondents are taking steps to enforce theorder of eviction.
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 28-09-2007 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