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High Court for State of TelanganaWP/28513/2017disposed of no costs

Kommu Rajanna, v. The State Of Telangana, Rep. By Its Prl. Secretary,

2017-08-24Challa Kodanda Ram8 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.28513 OF 2017 Date 24.08.2017 Between:

Kommu Rajanna.

... Petitioner AND The State of Telangana. rep. by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad and others.

......Respondents

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.28513 of 2017 ORDER:

Perusal of the orders passed by the primary authority and the appellate authority reflects that the petitioner is in possession. The appellate authority confirmed the order of the primary authority ejecting the petitioner from the scheduled land.

By the impugned memo dated 28.04.2017, the revisionary authority, the Government of Telangana, refused to grant stay while entertaining the revision petition. Once the order passed by the appellate authority is given effect to, the revision would be rendered infructuous as it would become purely academic in nature. In the event the revisionary authority intended to go into the merits of the matter, it would have been more appropriate that the revision itself be taken up for hearing. Without doing so, the revisionary authority cannot render the matter infructuous by rejecting the stay petition which would practically have a final effect. The memo dated 28.04.2017 is accordingly set aside and the respondent authorities are directed not to give effect to the orders which are the subject matter of the revision pending before the Government of Telangana till the disposal of the revision. However, the Government shall dispose of the revision within a period of twelve (12) weeks from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, disposed of. Miscellaneous petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs. ___________________________ CHALLA KODANDA RAM,J Date:24.08.2017 Usd