Debendula Lalaiah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.554 of 2020 O R D E R:

The present writ petition is filed questioning the action of the 2nd respondent in not considering and disposing of, either the appeal, or the interlocutory application filed along with the appeal, by the petitioners, on 23.12.2019, against the order, dated 20.11.2019, passed by the 3rd respondent in LTR Case No.32/2019/JLP.

2.

Heard learned counsel for the petitioners and learned Government Pleader for Social Welfare.

3.

Learned counsel for the petitioners submits that the petitioners, being aggrieved by the order of the 3rd respondent in dismissing the case of the petitioners stating that they failed to prove their case and they are no way concerned with the case scheduled land; have preferred an appeal under Section 3(3)(a)(ii) of the Andhra Pradesh (Scheduled Area) Land Transfer Regulation, 1959, before the 2nd respondent, on 23.12.2019. It is further submitted that along with the appeal, the petitioners have also filed an application seeking suspension of the impugned order, dated 20.11.2019. Learned counsel therefore complains that though the suspension application is filed along with the appeal, the 2nd respondent has not taken up even the suspension application, which needs to be decided expeditiously.

4.

Learned Government Pleader submits that he has no objection if this Court directs the 2nd respondent to consider and dispose of either the appeal or the suspension application within a time frame.

5.

Having regard to the submissions made by both the parties, and since the appeal filed by the petitioners against the order of the 3rd respondent, dated 20.11.2019, is pending consideration by the 2nd respondent, this Court is refraining from expressing any view on the merits of the matter, as the same may have impact on the adjudication of the appeal by the 2nd respondent.

6.

Thus, without expressing any opinion on the merits of the matter, the 2nd respondent is hereby directed to dispose of either the appeal or the interlocutory application filed along with the appeal, on 23.12.2019, by the petitioners, against the order, dated 20.11.2019, of the 3rd respondent, if the same being in order and the petitioners complying with the defects, if any, within a period of eight (8) weeks from the date of receipt of a copy of this order. Till then, the petitioner shall not be dispossessed from the land in question.

7.

Subject to the above observation, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

_____________________ JUSTI CE T.VI NOD KUMAR Date:10.01.2020 GJ