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High Court for State of TelanganaWP/32581/2017disposed of no costs

Peela Govinda Satyanarayana , Govinda, v. The State Of A. P,

2017-09-22P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32581 OF 2017 Dated:22.09.2017 Between:

Peela Govinda Satyanarayana @ Govinda, S/o.Late Mahalaxmi Naidu, aged about 53 years, R/o.D.No.1-77/1, Pendurthi Village and Mandal, Visakhapatnam District and others .. Petitioners And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32581 2017 ORDER:

Petitioners are aggrieved by the order of the Revenue Divisional Officer, Visakhapatnam, dated 13.07.2017, passed under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. Aggrieved by the said order, petitioners preferred revision before the Joint Collector, Visakhapatnam, and the same is pending consideration. Along with the revision, the petitioners also filed an application for grant of stay of the order of the appellate authority. Challenging the order of the Revenue Divisional Officer as well as inaction in considering the stay application by the petitioners, this Writ Petition is filed.

2.

The subject lands in the present Writ Petition are in Survey Nos.126, 127, 128 and 130. A similar issue has come up for consideration before this Court in W.P.No.28918 of 2017, wherein the very same order of the appellate authority was challenged. The Court disposed of the said Writ Petition granting liberty to the petitioners to avail the remedy of revision and to raise all pleas including the pleas urged in the Writ Petition. In the said case, the petitioners therein did not file revision and therefore they were granted liberty to file revision. However, in the present case, revision is already filed by the petitioners. 3.

Having regard to these facts, the Writ Petition is disposed of directing the revisional authority to consider the application filed by the petitioners seeking stay of the orders of the Revenue

Divisional Officer as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. Till such application is considered and/or expiry of six weeks from the date of receipt of a copy of this order, the respondents are directed not to dispossess the petitioners from the subject properties. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.09.2017 Note:- Issue C.C. in one week.

(B/o) KH