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High Court for State of TelanganaWP/28584/2007disposed of no costs

T.Papayamma, v. The Additional Agent To The Government,

2016-10-17A V Sesha Sai2 pages

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.28584 of 2007 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India, for the following relief:

"To issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in evicting the petitioner from the land to an extent of Hec.1.86 cents of land in Sy.No.454/2 situated at Indukuru Village, Devipatnam Mandal, E.G.District even before the time prescribed to file an appeal Rule 8(2) of A.P.Schedule Areas Land Transfer Rules as highly illegal, arbitrary and violative of Art.14 and 21of the Constitution of India and consequently set aside all further proceedings initiated by the respondents in pursuance of the order passed by the 2nd respondent in ADO'LTR No.34/2007 dt.1510-2007 including eviction pending disposal of the appeal filed before the 1st respondent in the interest of justice." 2.

Heard the learned counsel for the petitioner and the learned Government Pleader for Social Welfare and perused the material available before the Court.

3.

While ordering notice before admission, this Court on 31.12.2007, passed the following order:

"There shall be a direction to the respondents not to evict the petitioner from the land admeasuring Hec.1.86 cents, covered by Sy.No.454/2 of Indukuru village, Devipatnam Mandal, EG District, pending disposal of the appeal by the appellate authority-first respondent. However, it is made clear that it is open for the appellate authority-first respondent to dispose of the appeal filed by the petitioner against the order of eviction dated 15.10.2007 without reference to the pendency of the Writ Petition."

4.

It is agreed by the counsel for the petitioner so also the learned Government Pleader that the said writ petition can be disposed of by making the interim order as final order.

5.

In view of the above submission, Writ Petition is disposed of, by making the interim order dated 31.12.2007 as final order in the writ petition. As a sequel, pending miscellaneous petitions, if any, shall stand disposed of. No costs.

______________ A.V.SESHA SAI, J Date:17.10.2016 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.28584 of 2007 Dated 17th October, 2016 grk