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High Court for State of TelanganaWP/8907/2016disposed of no costs

Roman Catholic Missionary Church, Salur, v. The State Of Andhra Pradesh, Rep. By Its Principal

2016-03-18M.S.Ramachandra Rao2 pages

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.8907 of 2016 O R D E R :

Petitioner had filed an appeal on 11.03.2016 before the 3rd respondent under the provisions of the A.P. Land Encroachment Act,[ 1905 (for short 'the Act') challenging the order dt.04.02.2016 passed against it by the 4th respondent directing the petitioner to vacate the land in its occupation in survey No.205/2, 206, 213/2 and 213/3 of Salur Village and Municipality, Vizianagaram District. Along with the said appeal, petitioner also filed an application for stay of the order dt.04.02.2016.

2.

Petitioner's grievance is that the 3rd respondent is not considering the stay application filed along with the appeal and that there is a threat of demolition of structures erected by the petitioner in the subject land, in the meantime.

3.

The Government Pleader for Revenue appearing for the respondents states that the 3rd respondent will decide the stay application in the appeal filed by the petitioner within four (04) weeks from the date of receipt of a copy of this order and he will also decide the appeal within twelve (12) weeks from the date of receipt of a copy of this order.

4. In view of the said submission, this Writ Petition is disposed of directing the 3rd respondent to decide the stay application in the appeal filed by the petitioner challenging the order dt.04.02.2016 passed by the 4th respondent under Section 6 of the Act within four

(04) weeks from the date of receipt of a copy of this order and he shall also decide the appeal within twelve (12) weeks from the date of receipt of a copy of this order. Till the stay application filed by the petitioner in the appeal is decided by the 3rd respondent, the respondents shall not interfere with the possession and enjoyment of the petitioner of the land in its occupation. There shall be no order as to costs.

5. Consequently, Miscellaneous Petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J 18th March, 2016.

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