Komuravelly Srinivas, v. The State Of Telangana,

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1669 OF 2019 O R D E R:

The grievance of the petitioners is that the Joint Collector, Siddipet, is not passing orders on the stay petition filed in the revision preferred by them against the order dated 07.08.2018 passed by the Revenue Divisional Officer, Siddipet, dismissing their appeal against the Endorsement dated 22.08.2018 by the Tahsildar, Siddipet Mandal, Siddipet District.

Perusal of the record reflects that the revision filed by the petitioners was received by the Joint Collector, Siddipet, on 13.11.2018 and was taken on file as Revision Petition No.F3/3208/2018. It appears that the petitioners also filed a stay petition along with the revision, based on the affidavit deposed to in October 2018, but the same was received by the revisionary authority only on 25.01.2019. By way of the said stay petition, the petitioners sought suspension of the order under revision and also a direction to the authorities not to dispossess them from their land in an extent of Ac.0-35 guntas in Sy.No.1340-3 of Lingareddy Village, Hamlet of Siddipet, Siddipet Mandal, Medak District. Sri P.

Narahari Babu, learned counsel for the petitioners, would assert that there is a strong possibility of the authorities taking action against the petitioners pursuant to the order under revision and attempting to dispossess them from the land in question. Perusal of the revision reflects that the dispute appears to be between the petitioners and the revenue authorities only. That being so, it is not open to the revisionary authority to negate the rights of the petitioners by keeping the stay petition filed by them in Revision Petition No.F3/3208/2018 pending indefinitely.

The Writ Petition is accordingly disposed of directing the Joint Collector, Siddipet, to dispose of the stay petition filed by the petitioners in Revision Petition No.F3/3208/2018 expeditiously and in any event, not later than two weeks from today. Pending disposal of the stay petition, the respondents shall not take any steps based on the order under revision or seek to dispossess the petitioners from the land in question. It is also made clear that this Court has not gone into the merits of the matter and it is left open to the Joint Collector, Siddipet, the revisionary authority, to consider the stay petition filed by the petitioners on its own merits and in accordance with law. Pending Miscellaneous Petitions, if any, shall also stand closed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 30th January, 2019 Kvsn