Yallavula Nagamani v. State Of Telangana,

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.4882 OF 2018 ORDER:

Heard learned counsel for the petitioners and the learned Government Pleader for Social Welfare (TG) appearing for the official respondents.

2.

On a petition filed by the fifth respondent, the Agency Divisional Officer and Revenue Divisional Officer, Kothagudem - third respondent herein initiated enquiry under the A.P. Scheduled Area (Land Transfer) Regulation vide LTR Case No.1/2017/Ldp and passed an order on 12.12.2017 under Section 3 (2) (a) of the A.P. Scheduled Area (Land Transfer) Regulation ordering ejectment of the petitioners herein. As against the said order of ejectment, passed by the third respondent herein, the petitioners herein filed a statutory appeal on 18.01.2018 before the Additional Agent to Government, Integrated Tribal Development Agency, Bhadrachalam - second respondent herein. Along with the said appeal, petitioners herein also filed an application seeking suspension of the order, dated 12.12.2017, passed by the third respondent.

3.

According to the petitioners herein, the said appeal is still pending consideration before the second respondent. It is submitted by the learned counsel for the petitioners that no orders have been passed either on the appeal or on the interlocutory application filed along with the appeal. It is further submitted that in view of the absence of any orders in the appeal, the respondent authorities are actively contemplating to dispossess the petitioners

herein from the schedule lands and are making efforts to hand over possession to the unofficial respondent. The right of appeal is a substantive right and as the petitioners herein have raised number of grounds in the Memorandum of Appeal filed before the second respondent and as the appeal is pending consideration before the second respondent herein, this Court deems it appropriate to dispose of the Writ Petition with a direction to the second respondent to pass appropriate orders on the appeal filed by the petitioners herein.

4.

For the aforesaid reasons, the Writ Petition is disposed of, directing the second respondent to pass appropriate orders on the appeal, dated 18.01.2018, preferred by the petitioners herein against the orders of the third respondent, dated 12.12.2017, vide LTR Case No.1/2017/Ldp within a period of three (3) months from the date of receipt of a copy of this order after affording opportunity to all the stakeholders. Till the said exercise attains finality, status quo with regard to possession of the subject properties shall be maintained.

5.

As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE A.V.SESHA SAI Date : 15.02.2018 AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.4882 OF 2018 Date: 15.02.2018 AMD