M. Nanda Gopal Reddy And Ano. v. Prl. Secy., Rev. Dept. And 5 ORS.
THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.15280 of 2017 ORDER:
Heard Ms.B.Sapna Reddy for petitioners and the learned Assistant Government Pleader for Revenue.
The petitioners pray for the following relief: ".......writ of mandamus to declare the action of the respondents 4 and 5 in interfering with the possession of the land in Sy.No.118 to an extent of 0.38 cents claiming he land to be the Government land when the case before the Joint Collector in Roc.F4/SR.No.308/11(a)/75 dated 28.01.2014 is still pending enquiry and when this Hon'ble High Court has directed the respondents not to dispossess the petitioner from the land in question till completion of the enquiry by orders in W.P.No.10836 of 1999 dated 16.04.20017, as illegal, arbitrary and contrary to principles of natural justice and consequently to restrain the respondents from interfering with the peaceful possession over the lands in Sy.No.118, 120 and 125/4 to an extent of 1.22 acres, in the interest of justice....." One of the grievances of petitioners is that, the case in File No.
Roc.F4/SR.No.308/11(A)/75 dated 28.01.2014, pending on the file of the 6th respondent, interfering with petitioners'
possession is illegal, arbitrary and unconstitutional.
On 26.04.2017, this Court directed parties to maintain status quo as on date.
The Assistant Government Pleader refers to written instructions dated 25.04.2018 received from the office of 6th
respondent and submits that the petitioners are not cooperating and therefore, their claim could not be adjudicated. He further submits that the 6th respondent may be directed to consider the claim of the petitioners as expeditiously as possible, after writ petition is disposed of. The submissions of the learned counsel are noted. Writ petition is disposed of by this order:
(a) The petitioners are directed to file memo by enclosing copy of this order and seek a date of hearing in the claim pending before the 6th respondent within four (04) weeks from the date of receipt of copy of this order.
(b) The 6th respondent, either on the application of petitioners or otherwise stipulates a date of hearing after 01.06.2018 and disposes of the case pending before the 6th respondent as expeditiously as possible, preferably within two
(2) months thereafter.
(c) The status-quo order granted by this Court is directed to be maintained for a period of four
(04) months from today. No order as to costs. Miscellaneous petitions, if any, pending, shall stand closed.
_______________ S. V. BHATT, J Dt: 26.04.2018 dv