Chakali Mallaiah,, Korakandla Mallaiah, v. The State Of Telangana,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.732 OF 2017 ORDER:

This Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking issuance of Writ of Certiorari calling for records relating to proceedings dated 03.10.2016 in R.C.No.D/5106/2016 passed by the 3rd respondent in the statutory appeal preferred by the petitioner on 05.10.2016 assailing the orders of the 4th respondent dated 09.09.2016 in proceedings No.B/1821/2015, to set aside the same and consequently to direct the 6th respondent to dispose of the statutory appeal filed by the petitioner on 05.10.2016 forthwith. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for respondents 1 to 6. With their consent, the Writ Petition is disposed of at the stage of admission itself. There is no necessity to put respondent No.7 on notice since this Court is not venturing to adjudicate the case on merits.

The main grievance of the petitioner is that pursuant to the order passed by the Tahasildar on 09.09.2016, he preferred an appeal before the RDO on 05.10.2016. It is his case that even before preferring an appeal by the petitioner, the RDO, on his own, passed an order on 03.10.2016 rejecting the request of the petitioner.

Learned AGP, on instructions, would submit that as against the order of the Tahasildar dated 09.09.2016, the petitioner as well as R-7 herein submitted revisions before the RDO. After

considering the representation made by R-7, the RDO has passed the impugned order on 03.10.2016. Subsequent thereto, the petitioner herein field a revision before the Joint Collector against the order passed by the RDO on 03.10.2016.

That being the position, the submission of the learned counsel for the petitioner that the RDO, suo moto passed the order cannot be accepted.

At this stage, learned counsel for the petitioner submits that a direction may be given for early disposal of the revision filed by the petitioner against the order of the RDO dated 03.10.2016. Taking into consideration the facts and circumstances of the case, the Writ Petition is disposed of directing the 2nd respondentJoint Collector to dispose of the revision filed by the petitioner on 29.12.2016 against the orders of the RDO dated 03.10.2016 passed in R.C.No.D/5106/2016, after hearing all concerned, as early as possible, preferably within a period of three months from the date of receipt of a copy of this order. If any interlocutory application is filed by the petitioner in the said revision, the same shall be disposed of within a period of two weeks from the date of receipt of a copy of this order. Till such time, status quo as on today shall be maintained with regard to possession. Miscellaneous petitions pending in this petition, if any, shall stand closed. There shall be no order as to costs. ________________________ C. PRAVEEN KUMAR, J Date: 06.01.2017 sur