B.Rajashekar Reddy v. The District Collector, Ranga Reddy District,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Dated:04.09.2017 Between:

B.Rajashekar Reddy S/o Sri Sreenivasreddy Aged about 42 years, Occ:Business, R/o Villa No.13, Apparna Orchids, Izzath Nagar, Hyderabad.

...Petitioner

AND The District Collector, Ranga Reddy District, Lakdi-ka-pool, Hyderabad and others.

.. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

The petitioner claims that he purchased land to an extent of 167 square yards in survey No.136 in Serilingampally, Gachibowli Village by way of registered sale deed, dated 06.08.2011. While so, a notice, dated 20.05.2013, under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 was issued directing the petitioner to show cause as to why he should not be evicted from the subject land. Thereafter, orders are passed directing the petitioner to evict the illegal encroachment over Government land. Aggrieved by the said order, the petitioner filed an appeal before the Revenue Divisional Officer on 24.05.2013. Aggrieved by the inaction in disposing of the said appeal and threatening to dispossess him from the subject property, the petitioner filed this writ petition. 2.

This Court granted interim suspension by order, dated 29.05.2013, which is continued.

3.

Having regard to the fact that the petitioner has availed the remedy of appeal, this Court is not inclined to entertain the writ petition and keep the same pending. It is always open to the petitioner to raise all the contentions as available under law, including the contentions raised in this writ petition before the appellate authority.

4.

Thus, leaving it open to the petitioner to peruse the remedy of appeal, this writ petition is disposed of. As the appeal is pending since 2013, the appellate authority is directed to consider the appeal, if necessary, by affording personal hearing to the petitioner

and pass final orders after due consideration of his claim by assigning due reasons in support of the decision, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of a copy of this order. Since this Court already granted interim suspension on 29.05.2013 and the same shall continue till a decision is taken by the appellate authority or for a period of three

(03) months, whichever is earlier.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. __________________________ JUSTICE P.NAVEEN RAO SEPTEMBER 04, 2017 YVL

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Date:04.09.2017 YVL