K. Chandra Prakash Pillai S/O. K. Rajagopal Pillai v. The District Collector, Chittoor Chittoor District.

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 6342 of 2016 ORDER:

The case of the petitioner is that the 2nd respondent passed orders dated 23-01-2016 in Roc.E7/5926/14, against which the petitioners filed appeal before the 5th respondent along with stay petition on 12-122016. As no orders are passed, aggrieved by the same, the present writ petition is filed.

Heard Sri K.G.Krishna Murthy, Senior Counsel for the petitioners submits that statutory appeal is pending before the 5th respondent, the respondent-authorities shall not take any action pursuance to the impugned order dated 23-01-2016.

Learned Government Pleader for Revenue submits that subject lands are water bodies. As such, petitioners cannot claim right over the property, which is meant for tanks. The same is disputed by learned Senior Counsel for the petitioners.

When statutory appeal is pending before the 5th respondent, this Court is not going into the merits of the case, it is for the 5th respondent to decide the case on merits. This Court granted interim order on 26-02-2016 and the same is extended from time to time. In view of the same, the 5th respondent is directed to dispose of the appeal filed by the petitioners within a period of three months from the date of receipt of copy of this order. Till disposal of appeal, status-quo granted by this Court on 26-02-2016 shall be maintained. With the above direction, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 30-06-2016

Nvl