High Court for State of TelanganaWP/6014/2015disposed of no costs

Md. Galib Saheb, v. The State Of Telangana, Rep. By Its Principal Secretary,

2015-03-11Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 6014 of 2015 ORDER:

The writ petitioner questions the action of the respondents in seeking to evict him from the land in Survey No.121/13 in an extent of Ac.0-15 cents situated at Bhadrachalam village, Bhadrachalam mandal, Khammam district, pending disposal of the Revision filed before the 1st respondent.

2. Briefly, the pleaded case of the petitioner is that the property in question was purchased by his father in the year 1960 by way of a registered sale deed, and the Gram Panchayat also allotted a house number and he came to be in possession through succession. While so, basing on the report of the 4th respondent-Tahsildar, the 3rd respondentAgency Divisional Officer initiated Land Transfer Regulation (LTR) proceedings against him and passed ejectment orders on 01.03.2008. Challenging the ejectment orders, the petitioner filed an appeal before the 2nd respondent-Additional Agent in C.M.A.No.44 of 2010, but the 2nd respondent confirmed the orders passed by the 3rd respondent. Challenging the same, he preferred a revision before the 1st respondent, along with a petition seeking interim suspension of eviction orders. The revision is stated to be pending. The petitioner states that throughout the pendency of appeal before the 2nd respondent, he was in possession of the property. Apprehending eviction during pendency of revision, he filed this writ petition.

3. Having heard rival submissions, and considering the fact that the petitioner was in possession of the property during pendency of appeal before the 2nd respondent, and further considering that the Revision along with the petition seeking interim suspension of eviction orders is pending before the 1st respondent, the 1st respondent is directed to dispose of the

Revision itself, in accordance with law, within four months from today. Till such time the Revision is disposed of, there shall be stay of dispossession of the petitioner from the property in question.

4. With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

_____________________ CHALLA KODANDA RAM, J 11th March, 2015 KSM