High Court for State of TelanganaWP/32167/2017disposed of no costs

Acharti Apparao, v. The State Of Andhra Pradesh, Rep. By Its Prl.Secretary,

2017-09-21Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 32167 OF 2017 O R D E R:

Petitioners claim to be the owners and possessors of Ac.2.71 cents in Survey No. 120/2 and Ac.1.73 cents in Survey No. 121/2 situated at Kindra Village, Rajavommangi Mandal, East Godavari District. While so, Respondents 4 to 7 have filed a complaint against the petitioners for their eviction, under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulations, since the abovesaid land is situated in scheduled area. The 3rd respondent Special Deputy Collector (Tribal Welfare), without considering the contentions and documentary evidence filed by the petitioners, passed the order dated 04.11.1998 of ejectment. Thereagainst, the petitioners filed Appeal ie. C.M.A.No. 90 of 2008 before the 2nd respondent Additional Agent to Government, Rampachodavaram and the same was also dismissed vide order dated 01.08.2017. Against the said order, the petitioners filed a Revision Case before the 1st respondent government on 16.08.2017 along with an Application seeking stay of the said order. Complaining that the same have not been attended to so far, this Writ Petition is filed.

Since the Revision filed by the petitioners is pending, without going into the merits of the matter, this Writ Petition is disposed of directing the 1st respondent to dispose of the revision case itself filed by the petitioners within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the order dated 01.08.2017 passed by the 2nd respondent Additional Agent to Government in C.M.A.No. 90 of 2008 stands stayed. However, it is

made clear that if the petitioners do not participate in the enquiry and do not cooperate in the hearing of the revision case, the 1st respondent may pass the orders ex parte based on the material available on record. No costs.

Consequently, the miscellaneous Applications, if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 21st September 2017 ksld/md