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High Court for State of TelanganaWP/19125/2015disposed of no costs

Gujja Muthyalu, v. The State Of Telangana,

2015-06-29A V Sesha Sai4 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI Writ Petition No.19125 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the first respondent in not disposing the statutory revision No.9474/LTR 2/2008 filed by the 4th respondent against the orders passed by the Additional Agent to the Government, Bhadrachalam in C.M.A. No.319/2007 dt. 21-6-2008 for eviction in respect of the land situated in Sy.No.59/4P to an extent of Ac.0-30 cents situated at Bhadrachalam Village of Bhadrachalam Mandal of Khammam District in spite of direction by this Hon'ble Court in W.P.No.21430/2008, dt.29-9-2008 is arbitrary, illegal and violative of Article 14, 21 and 300 (A) of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deem fit just and proper in the circumstances of the case."

2. Heard Sri K. Sarath, learned counsel for the petitioner and the learned Government Pleader for Social Welfare appearing for the respondents.

3. The only grievance of the petitioner in the present writ petition is non-disposal of revision No.9474/LTR-2/2008 filed by the Paul Raj Engineering College-fourth respondent herein under the provisions of A.P. Scheduled Areas Land Transfer Regulations Act before the first respondent-State Government. The third respondentAgency Divisional Officer, Bhadrachalam, Khammam District, vide orders dated 21.06.2008, dismissed the C.M.A.No.319 of 2007 filed by the fourth respondent herein while allowing C.M.A. No.8 of 2008 filed by the petitioner. As against the said order passed by the Agency Divisional Officer-third respondent herein, the fourth respondent herein filed revision before the first respondent as long back as in the year 2008. Pending the said revision, earlier the fourth respondent filed

W.P.No.21430 of 2008 before this Court and this Court by way of an order dated 29.09.2008 disposed of the said writ petition and the operative portion of the said order reads as under: "In that view of the matter, this writ petition is disposed of directing the revisional authority to dispose of the revision as expeditiously as possible. There shall be status quo existing as on this day with regard to the nature and possession of the property in dispute pending disposal of the revision or application filed by the petitioner seeking stay of the proceedings pending revision, whichever is earlier. No order as to costs."

4. The grievance of the petitioner in the present writ petition is despite the above said order passed by this Court as long back as on 29.09.2008, no orders have been passed so far by the first respondent herein on the revision filed by the fourth respondent. It is also the grievance of the petitioner that in view of the pendency of the said revision, the petitioner herein is not in a position to get the benefits, for which he is entitled to, in view of the orders passed by the third respondent dated 21.06.2008.

5. It needs to be noted that while disposing the above said writ petition, this Court directed the revisional authority to dispose of the revision as expeditiously as possible and there is no justification on the part of the first respondent in not passing any orders on the revision filed by the fourth respondent till date despite the above mentioned orders by this Court.

6. For the aforesaid reasons and having regard to the nature of controversy, the writ petition is disposed of, directing the first respondent-State Government to dispose of revision No.9474/ LTR2/2008 filed by the fourth respondent herein in the year 2008 against the order dated 21.06.2008 in C.M.A.No.319 of 2007, within a period of three months from the date of receipt of a copy of this order. Miscellaneous petitions, if any pending in this writ petition, shall stand

closed. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J Date: 29.06.2015 Isn THE HON'BLE SRI JUSTICE A.V.SESHA SAI Writ Petition No.19125 of 2015

DATE: 29.06.2015 Isn