Katta Kusuraju, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.34638 OF 2015 DATED 05th NOVEMBER, 2015 Between:

Katta Kusuraju .. Petitioner and State of Andhra Pradesh rep. by its Principal Secretary to Government, Tribal Welfare Department and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.34638 OF 2015

O R D E R

The grievance of the petitioner is that the Agent to Governmentcum-District Collector, West Godavari District, Eluru, the second respondent, is not passing any orders upon his stay application pending appeal. The said appeal was presented on 24.09.2015 assailing the order dated 18.09.2015 of the Special Deputy Collector, Tribal Welfare, Kota Ramachandrapuram, West Godavari District, in S.R.No.10 of 2015. By the said order, the sale transaction in favour of the petitioner was held to be illegal.

This Court has made it clear time and again that statutory authorities clothed with judicial or quasi judicial powers must necessarily discharge the same with expedition, as delay on their part would negate the valuable rights of the litigants apart from giving rise to fresh complications.

In the Agency areas, the Revenue Officials are discharging the functions of civil Courts.

In that view of the matter, notwithstanding the administrative duties which may weigh upon such authorities, they must necessarily spare time for discharge of the judicial/quasi judicial powers entrusted to them. In the present case, despite the petitioner presenting the appeal as long back as on 24.09.2015 along with a stay application, it appears that the appellate authority, the Agent to Government-cum-District Collector, West Godavari District at Eluru, the second respondent, has not passed appropriate orders thereon.

In that view of the matter, the writ petition is disposed of directing the Agent to Government-cum-District Collector, West Godavari District,

Eluru, the second respondent, to dispose of the stay application filed by the petitioner in his pending appeal expeditiously. Pending such exercise, the order under appeal, being the order dated 18.09.2015 passed in S.R.No.10 of 2015 by the Special Deputy Collector, Tribal Welfare, Kota Ramachandrapuram, West Godavari District, shall ramain stayed and no steps shall be initiated pursuant thereto. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 05th NOVEMBER, 2015 Svv