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High Court for State of TelanganaWP/7803/2010disposed of no costs

Goka Laxma Reddy v. The Revisional Authority Under Apsaltr Cum The Secretary

2023-02-06J Sreenivas Rao5 pages

HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.7803 OF 2010 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Social Welfare.

2. This writ petition is filed seeking a writ of Mandamus directing the official respondents not to lease out or assign the agricultural land to the extent of Ac.0.39 gts situated in Sy.No.70 of Ruyyadi Village, Talamadugu Mandal, Adilabad District pending statutory revision before the respondent No.1 under APSALTR, and consequently declare the action of official respondents in leasing out and attempting to assigning the same to tribal persons as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and against the mandatory provisions of APSALTR and its rules.

3. Learned counsel for the petitioner contended that the petitioner filed Revision Petition before the respondent No.1, aggrieved by the order passed by the respondent No.2 in Case No.A4/LTR/41/2008, dated 20.10.2008 in

respect of Acres.0.39 gts in Sy.No.70 situated at Ruyyadi Village, Talamadugu Mandal, Adilabad District.

4. He further submits that respondent No.1 while admitting the revision petition rejected the stay petition without giving any opportunity to the petitioner and passed impugned order vide Lr.No.12194/LTR-2/2008-2, dated 09.02.2009. By virtue of the rejection of the stay, the respondent No.4 is trying to take steps to vacate the petitioner from the subject land.

5. A perusal of the record would reveal that the revision petition filed by the petitioner is pending before respondent No.1.

6. In view of the pendency of statutory revision, without going into the merits of the case, this writ petition is disposed of directing respondent No.1 to dispose of the Revision Petition filed by the petitioner within a period of four (4) months from the date of receipt of the copy of this order after giving opportunity to the petitioner as well as respondents in the revision petition in accordance with law. Till such time, respondents are directed not to take

any coercive steps in respect of subject property. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

______________________________ JUSTICE J. SREENIVAS RAO 06th February, 2023 Skj

HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.7803 OF 2010 Date : 06-02-2023 Skj