Vaka Satyanarayana, v. The Additional Agent To The Government,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.27053 of 2015 O R D E R:

Heard Sri K.Sarath, learned counsel for the petitioner and the learned Government Pleader for Social Welfare for the respondents. It is represented by the learned counsel for the petitioner that this Court in identical set of circumstances disposed of writ petition No.25200 of 2015 dated 11.8.2015 and the same is also annexed as material papers in the writ petition. In view of the same, I deem it appropriate to pass the similar order in the present writ petition. According to the petitioner, the Agency Divisional Officer & Sub-Collector, Bhadrachalam, vide order dated 16.07.2013 directed ejectment of the petitioner herein from the land admeasuring Acres 4.85 cents situated in Sy.No.37 of Mothugudem Village of Chintoor Mandal, erstwhile Khammam District and presently in East Godavari District.

Questioning the said order, the petitioner herein filed an appeal on 13.09.2013 before the Additional Agent to the Government - 1st respondent herein. Along with the said appeal, petitioner herein also filed stay application on the even date. It is the case of the petitioner herein that Mothugudem Village, which was earlier in Khammam District, is now merged in Rampachodavaram Revenue Division of East Godavari District, in view of Andhra Pradesh Reorganisation (Amendment) Act, 2014. It is further stated that, in view of the same, the first respondent herein now ceased to have any power to hear the said appeal and the said appeal is required to be transferred to Rampachodavaram Division, but as on today, no intimation is received by the petitioner herein about the transfer of the said appeal to East Godavari District of Andhra Pradesh.

It is further submitted by the learned counsel for the petitioner that taking advantage of the said situation, the Tahasildar - 2nd respondent herein is making hectic efforts to dispossess the petitioner herein from the subject property. On the contrary, it is submitted by the learned Government Pleader that there is no illegality on the part of the respondents herein, as such, the present writ petition is not maintainable and petitioner herein is not entitled for any relief from this court under Article 226 of the Constitution of India.

The information available before this court manifestly discloses that as against the orders passed by the Agency Divisional Officer and Sub-Collector, Bhadrachalam, ordering ejectment of the petitioner herein, petitioner herein filed a statutory appeal before the 1st respondent - Additional Agent to Government. Along with the said appeal, petitioner herein also filed a stay application and the said appeal and the stay application are pending consideration.

It is the grievance of the petitioner herein in the present writ petition that in view of the bifurcation of the State by virtue of Andhra Pradesh State Reorganisation (Amendment) Act, 2014, the 1st respondent herein ceased to have the power to entertain the appeal, as the subject village is merged in East Godavari District of Andhra Pradesh. It is the further grievance of the petitioner that in view of the said reason and as the papers pertaining to the appeal have not been transferred so far to the appropriate authority in East Godavari District,

the petitioner herein is not in a position to pursue the appeal and taking advantage of the same, the Tahasildar - 2nd respondent herein, is making hectic efforts to dispossess the petitioner herein from the schedule property. Taking into consideration the totality of the circumstances, this court is of the considered opinion that the interest of justice would be met, if a direction is given to the 1st respondent herein, to transmit the appeal filed by the petitioner herein to the appropriate Appellate Authority in the Andhra Pradesh State. Thereafter, it is open for the appropriate Appellate Authority in Andhra Pradesh State to take appropriate action on the appeal filed by the petitioner herein.

For the aforesaid reasons, writ petition is disposed of, directing the 1st respondent herein to transmit the file pertaining to the appeal filed by the petitioner herein, against the order of ejectment passed by the Additional Agent to the Government, Bhadrachalam, vide Case No.A/5-518/2013, dated 16.07.2013 pertaining to the land admeasuring Acres 4.85 cents, situated in Survey No.37, Mothugudem Village of Chintoor Mandal, for disposal by the appropriate authority in East Godavari District of Andhra Pradesh. Pending such exercise and pending passing of orders by the appropriate appellate authority, after transfer, statusquo as on today with regard to the subject property shall be maintained. Miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in consequence. No order as to costs.

_______________ A.V.SESHA SAI, J Date:25.8.2015 kk

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI W.P.No.27053 of 2015 25.8.2015