Garika Katamma v. The State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 16273 of 2018 ORDER:

The present writ petition is filed challenging the order in I.A.No. 2 of 2018 in L.E.A.No. 2 of 2018 dated 07.04.2018 passed by the 3rd respondent, refusing to grant stay of the orders passed by the 4th respondent dated 03.03.2018 under the Land Encroachment Act.

2.

The proceedings under the Land Encroachment Act are with respect to alleging that an individual in possession of the land unauthorisedly is required to be evicted. Once the orders of the 4th respondent are implemented, there shall be nothing in the appeal that could be determined, if stay is not granted. The proceedings before the 4th respondent under the Land Encroachment Act being the proceedings of summary nature, in all fairness, the 3rd respondent ought to have taken up the main appeal and passed orders on merits, after considering the submissions of the appellant-petitioner herein. Dismissal of the said appeal merely observing that the prayer in the I.A " cannot be granted" , cannot be said to be an order passed by considering the necessary material on record, and the reasons for granting or nongranting of stay.

3.

The Writ Petition is accordingly allowed with a direction to the 3rd respondent to consider the appeal of the petitioner against the orders passed by the 4th respondent dated 03.03.2018 and pass appropriate orders within a period of eight weeks from the date of receipt of this order. Till disposal of the appeal by the 3rd respondent, the petitioner shall not be evicted from the subjectpremises. Miscellaneous petitions pending, if any, stand closed. _____________________________ JUSTICE CHALLA KODANDA RAM 01.05.2018 DMG