Mullangi Seetharami Reddy v. The State Of Telangana
THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.28925 of 2015 ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue writ of Mandamus to declare the in action of the 1st respondent in passing appropriate orders in the revision petition bearing inward register No. 5575 dt: 17-07-2015 filed against the order of 2nd respondent dated. 02-05-2015 in C.M.A.No.39/2005 and the order of the 3rd respondent dated. 22-03-2005 in LTR Case No. 47/2001/PVC, as illegal arbitrary, and violative of principles of natural justice and consequentially direct the respondent No.1 to consider and dispose of the Revision within a reasonable time and also further direct the respondents 1 to 4 herein, not to dispossess the petitioner from the subject property in Sy.No.99 to an extent of Acs.3-30 gts situated at Sangham village of Palvoncha Revenue Mandal, Khammam Distric, pending disposal of the revision on the file of the 1st respondent." Heard Sri Kowturu Vinaya Kumar, learned counsel for the petitioner and learned Government Pleader for Social Welfare for the respondents 1 to 4.
The Special Deputy Collector, Bhadrachalam, Khammam District, the 3rd respondent herein pressed into service the provisions of the A.P. Scheduled Areas Land Transfer Regulations and passed an order, ordering ejectment of the petitioner from the land, admeasuring Ac.3-30 guntas in Sy.No.99 situated at Sangham Village, Palvoncha revenue Mandal, Khammam District, vide orders in case No.47/2001/PVC, dated 22-03-2005. As against the said orders of ejectment, the petitioner herein preferred CMA No.39 of 2006 before the Additional Agent to Government, the 2nd respondent. The 2nd respondent vide orders dated
02-05-2015 dismissed the said appeal, confirming the orders of ejectment passed by the 3rd respondent. Questioning the validity of the said orders passed by the respondents 2 and 3, the petitioner preferred revision before the 1st respondent on 12-072015, and also filed an application for stay. The grievance of the petitioner herein is that though he filed revision and also an application for stay, no orders have been passed by the 1st respondent, either on the revision or on the stay application, and in view of the same, the Tahsildar, Palvoncha Mandal, the 4th respondent herein is contemplating to evict him from the subject property and attempting to file a complaint as per the directions of the 2nd respondent.
A perusal of the order passed by the 2nd respondent manifestly discloses that the 2nd respondent, while dismissing the appeal filed by the petitioner, issued directions to register a complaint against the petitioner and his supporters, before the concerned police station. In the facts and circumstances of the case, this Court is of the considered opinion that the ends of justice would be met if a direction is given to the 1st respondent to pass appropriate orders on the revision filed by the petitioner by fixing some time frame.
For the foregoing reasons, the writ petition is disposed of, directing the 1st respondent to pass appropriate orders on the revision petition dated 12-07-2015, filed by the petitioner herein against the orders of the 2nd respondent dated 02-05-2015 in C.M.A.No.39 of 2006, in accordance with law, within
a period of three months from the date of receipt of a copy of this order. Till the said exercise attains finality, status quo as on today shall be maintained with regard to the subject properties. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.
___________________ A.V. SESHA SAI, J September 08, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.28925 of 2015
September 08, 2015 Pn