V.Rajyalakshmi v. The District Collector

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15870 OF 2019 ORDER :

Heard.

2. Petitioners are aggrieved by the order of the District Collector, Khammam, signed on 11.08.2016 holding that the land which petitioners claim to be in occupation and enjoyment in survey No.17 of Laxmidevipalli Village comes within the notified reserved forest area, that petitioners are not in possession and that the land is under the control of the forest department. Against the said order, petitioners preferred an appeal before the 6th respondent-Chief Commissioner, Land Administration, on 25.05.2018 and also filed an interlocutory application to stay the dispossession of the petitioners. Alleging inaction in considering the said application, this Writ Petition is filed.

3. Though there is no endorsement or acknowledgment of receipt of appeal, learned counsel for the petitioners asserts that the appeal is preferred and the same is pending before the 6th respondent.

4. Having regard to the said submission, without entering into the merits of the respective claims, the Writ Petition is disposed of directing the 6th respondent to verify the records and if any such interlocutory application is already filed and pending, he shall consider and dispose of the same, within a period of three weeks from the date of receipt of copy of this

- 2 - order, in accordance with law after affording opportunity to the appellants.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

___________________ P.NAVEEN RAO, J 29th July, 2019 sur