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High Court for State of TelanganaWP/3092/2009disposed of no costs

Karnam Musalaiah v. The Additional Agent To The Government,

2017-08-08Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.3092 of 2009 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the respondents 1 to 4 in assigning the land to an extent of Ac.1.47 cents in Sy.No.4/ 2 and JAc.1.67 cents in Sy.No.4/ 4 of Venkatanagaram Village, Addategala Mandal, East Godavari District inspite of pendency of the revision before the 6th respondent against order of the 1st respondent in CMA No.7/ 2008, dated 30.10.2008, as illegal and arbitrary.

The case of the petitioner is that he is the absolute owner and possessor of the land in question and he purchased the same in the year 1967 and since then, he is in peaceful possession and enjoyment of the same. While so, the respondents 4 and 5 filed LTRP No.30/ 2007 against the petitioner and the same was allowed and the 2nd respondent vide order, dated 10.03.2008, ordered ejectment of the petitioner from the subject land and restoration of the same in favour of the 5th respondent. Against the said order, the petitioner filed an appeal before the 1st respondent in CMA No.8/ 2008. During pendency of the appeal, status quo as on that date was ordered with regard to the possession of the land. The appeal was partly allowed by the 1st respondent and the restoration of land was ordered to the Government for onward assignment to the eligible tribals. Against the said order, the petitioner preferred a revision before the Government.

The grievance of the petitioner is that though the revision is pending before the 1st respondent, the respondents 3 and 4 came to the

subject land and surveyed the land in order to assign the same to the tribals. Hence, this writ petition.

Considering the circumstances of the case and the grievance of the petitioner, this Court is inclined to pass the following order: The official respondents are directed not to dispossess the petitioner from the land in question and not to allot the same to the third parties, till the revision filed by the petitioner is disposed of by the authorities concerned.

With the above directions, the Writ Petition is disposed of. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J August 08, 2017 KTL