Morampudi Krishnaiah, v. The State Of Telangana Rep By Its Principal Secretary

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37125 OF 2016 ORDER:

The writ petition is filed by the petitioners seeking a writ of mandamus declaring the Memo issued by the first respondent vide Memo No.7364/TW.LTR.2/2016, dated 17.10.2016 (to the extent of rejecting request for stay) as illegal and arbitrary, and consequently to set aside the order to that extent and further direct the respondents not to dispossess the petitioners from their dry land admeasuring Acs.7.31 guntas in survey No.1400 situated at Asannagudem Village, Hamlet of Nagulapally, Dammapet Mandal of Bhadradri District.

Heard and perused the material.

Learned counsel for the petitioners submits that the petitioners filed C.M.A.No.1 of 2008 before the second respondent against the order of eviction and the second respondent dismissed the said Appeal. Aggrieved over the same, the petitioners have preferred Revision before the first respondent and the first respondent without hearing the petitioners, rejected the request for stay and as such, learned counsel seeks to set aside the order impugned. This Court is of the view that the order passed by the first respondent rejecting the request for stay in connection with the interim prayer of the petitioners is illegal in nature as the same is passed without hearing the petitioners. Hence, the order impugned is set aside.

The first respondent is directed to give notice to the petitioners and the petitioners are directed to submit their pleadings, and on hearing the petitioners, the first respondent is directed to pass appropriate orders in the Revision preferred by the petitioners. The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 08.11.