High Court for State of TelanganaWP/11773/2015disposed of no costs

Arishepally Savitri v. The State Of Of Telangana,

2015-04-24Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.11773 of 2015 Between:

Arishepally Savitri PETITIONER AND 1.

The State of Telangana, rep. by its Principal Secretary, Social Welfare & Tribal Welfare Department, Secretariat, Hyderabad, and others. RESPONDENTS

ORDER:

The case of the petitioner is that she is the owner and possessor of an extent of Ac.3.00 of land in Sy.No.713/3 situated at Akinepalli Village, Dammapet Mandal, Khammam District, by virtue of pasupukumkuma given by her father on 8.03.1985. The 4th respondent initiated proceedings No.121/2010/DMPT dated 31.08.2010 holding that the transfer is hit by the regulations 1/59 and 1/70 and directed the 5th respondent to take possession of the land. Aggrieved by the same, the petitioner preferred C.M.A.No.14/2011 before the 3rd respondent along with stay petition. As

there was delay in considering the appeal, she filed W.P.No.4337 of 2011 and the same was disposed of by order dated 25.02.2011 suspending the order passed by the 4th respondent dated 31.08.2010. Thereafter, the 3rd respondent through order dated 24.01.2015 dismissed the appeal confirming the order of the 4th respondent. As against the same, the petitioner preferred revision dated 23.03.2015 along with stay petition before the 2nd respondent. The main grievance of the petitioner is that so far the 2nd respondent has not passed any orders either in the stay petition or in the revision petition. Hence the petitioner filed the present writ petition. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Social Welfare for respondents.

When the matter came up for admission on 22.04.2015, considering the nature of allegations, this Court directed the learned Assistant Government Pleader for Social Welfare to get instructions. The learned Assistant Government Pleader on instructions submits that the revision filed by the petitioner would be disposed of within a period of three months from today.

Recording the said submission, the writ petition is disposed of directing the 2nd respondent to dispose of either the stay petition or the main revision itself filed by the petitioner on 23.03.2015, in accordance with law, within a period of three months from today. However, considering the fact that the record discloses prima facie possession of the petitioner right from 1960's, there shall be stay of dispossession of the petitioner pending disposal of the revision by the 2nd respondent. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

24th April, 2015 Js.