A. Srinivas Reddy, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.6068 of 2018

ORDER

Heard learned counsel for petitioners Sri S. Surender Reddy, learned Government Pleader for Social Welfare for respondents 1 and 2 and learned Government Pleader for Revenue for respondents 3 and 4.

2.

Petitioners herein instituted Agency suit No.A/1512/2012 on the file of the Agency Divisional Officer and Revenue Divisional Officer, Adilabad, third respondent herein. The third respondent, by way of judgment dated 29.01.2018, dismissed the said suit, disallowing the claim of the plaintiffs, petitioners herein. Aggrieved by the said judgment, petitioners filed appeal before the second respondentAdditional Agent to the Government and Project Officer on 15.02.2018. Along with the said appeal, petitioners claim to have been filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, praying for perpetual injunction against the respondents herein.

3.

It is submitted by the learned counsel for petitioners that without giving any proper opportunity, the third respondent rendered the judgment disallowing the claim of petitioners. It is the further submission of the learned counsel that till one month prior to the date of pronouncement of judgment, there was injunction in favour of the petitioners and the said injunction continued for a long time. It is further submitted by the learned counsel that in view of the absence of any orders either in the injunction application or in the main appeal, the

AVSS, J W.P.No.6068 of 2018 respondents are actively contemplating to dispossess the petitioners from the subject land.

4.

Having heard the learned counsel for petitioners and the learned Government Pleader and taking into consideration the nature of the controversy, the Writ Petition is disposed of, directing the second respondent to pass appropriate orders on the injunction application dated 15.02.2018 said to have been filed by the petitioners along with the appeal filed against the judgment dated 29.01.2018 of the third respondent, within a period of six weeks from the date of receipt of a copy of this order, and till passing of any orders on the injunction application, status quo with regard to the schedule property shall be maintained, and it is also made clear that the second respondent shall also make an endeavor to dispose of the appeal, as expeditiously as possible. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE A.V.SESHA SAI 23rd February, 2018 sj