Katuri Vijay Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.35658 OF 2016 ORDER:

This Writ Petition is filed by the petitioner by invoking Article 226 of the Constitution of India seeking to declare the inaction of the first respondent in disposing of the stay application filed by the petitioner along with the appeal filed against the Award dated 16.02.2016 passed in A.A/CF/No.202 of 2015 as illegal and arbitrary.

Heard the learned counsel for the petitioner and the learned Asst. Government Pleader for Revenue (AP). With their consent, the Writ Petition is disposed of at the stage of admission itself. There is no necessity to put respondent No.4 on notice as this Court is not venturing to adjudicate the issue on merits. The limited grievance of the petitioner is that though he filed an appeal before the first respondent against the orders passed by the 2nd respondent, along with an application for stay, till date no orders are passed therein but the 3rd respondent is proceeding with execution proceedings.

The learned AGP submits that since the appeal was filed in the month of September,2016, only suitable direction may be given to the authorities concerned for disposal of the stay application. Recording the statement of the learned AGP, the Writ Petition is disposed of directing the first respondent-Principal Secretary, Revenue Department, to take up the stay application

filed by the petitioner along with the appeal preferred against the Award dated 16.02.2016 passed in A.A./C.F./No.202 of 2015 by the Deputy Registrar of Chits and Arbitrator, Nalgonda, if it is in order, and dispose of the same, in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Miscellaneous petitions pending in this writ petition, if any, shall stand closed. There shall be no order as to costs. ________________________ C. PRAVEEN KUMAR, J Date: 21.10.2016 Note : Issue C.C. in one week.

B/o.

sur