Buddulu Venkateswara Rao v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 12.03.2019 Between:

Buddulu Venkateswara Rao, s/o. Venkaiah, Aged 75 years, occu: Cultivation, r/o. Janampeta village, Pinapaka Mandal, Bhadradri Kothagudem district.

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Tribal Welfare Department, Telangana Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Prima facie reading of the order of appellate authority would show that while dismissing the appeal, he passed orders against the petitioner, who was 1st respondent in the said appeal. Aggrieved thereby, petitioner preferred revision before the Principal Secretary to Department of Tribal Welfare, Hyderabad. Along with the revision, petitioner also filed Interlocutory Application praying to grant stay.

2.

Heard learned counsel for petitioner and learned Government Pleader for respondents.

3.

According to learned counsel for petitioner, appeal was preferred after eleven years of the order of initial authority and though contentions of appellant were rejected, relief was granted to him. He would submit that petitioner is in possession of the subject land, and there is standing crop and unless stay is granted, grave prejudice would be caused to him. Even though revision was received along with application, so far no decision is made.

4.

The orders of Appellate Authority are perused. Having regard to the submissions made, Writ Petition is disposed of, directing the revisional authority to consider the stay application and to pass appropriate orders in the pending revision within six weeks from the date of receipt of copy of this order, after affording due opportunity to the rival parties. Till a decision is made on the stay application by the revisional authority, respondents are directed

not to interfere with the possession and enjoyment of the petitioner in respect of the land in Sy.No.138, 139 and 140 to an extent of Ac.5.0.5 guntas situated at Janempeta village, Pinapaka mandal, Bhadradri Kothagudem district. It is made clear that there is no expression of opinion on merits and parties are at liberty to raise all the pleas as available in law in the pending revision. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 12.03.2019 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 12.03.2019 kkm