Pamaraju Thirumala Rao v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.4346 of 2019 ORDER:

The petitioner is the appellant in an appeal filed under Section 5(5) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'the Act of 1971'), before the Revenue Divisional Officer, Karimnagar. Therein, the appellate authority passed a stay order on 19.12.2018 in relation to the mutation orders passed by the Tahsildar, Kothapalli Mandal, in respect of the land admeasuring Acs.2.00 guntas in Sy.No.340A of Chinthakunta Village, Kothapalli Mandal. The grievance of the petitioner presently is that despite the aforestated interim order, the Tahsildar, Kothapalli Mandal, Karimnagar (Rural-II), Karimnagar District, is not giving effect to it.

It is not open to the Tahsildar, being a subordinate authority to the appellate authority, to ignore the stay order passed by such statutory appellate authority.

The writ petition is accordingly disposed of directing the Tahsildar, Kothapalli Mandal, Karimnagar (Rural-II), Karimnagar District, to give effect to and implement the interim order dated 19.12.2018 passed by the Revenue Divisional Officer, Karimnagar, as an appellate authority under the Act of 1971, in the event the said order has not been suspended or set aside by a higher authority or a competent Court of law. This exercise shall be completed by the Tahsildar expeditiously and in any event, not later than one week from the date of receipt of a copy of this order, be it from whatever source.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:05.03.2019 GJ