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High Court for State of TelanganaWP/3229/2017disposed of no costs

Mandava Sai Baba Bhaskara Koteswar Rao v. The State Of Telangana, Rep. By Its Prl. Secretary,

2017-01-31A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3229 OF 2017 ORDER:

The grievance of the petitioner is that though he filed revision case under Section 9 of A.P.Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act of 1971') read with Rule 13(2) of the Rules, 1989 along with stay petition before the 2nd respondent against the impugned order of the 3rd respondent in Appeal No.G/696/2016, dated 17.09.2016 and same is numbered as Revision Case No.F3/236/2016, dated 17.11.2016, no orders are passed in the stay petition. Aggrieved by the same, present writ petition is filed.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

Learned counsel for the petitioner submits that status quo with regard to nature of land should be maintained, pending revision before the 2nd respondent. He submits that suit i.e., O.S.No.76 of 2011 for partition filed by the petitioner is pending on the file of VIII Additional District Judge, Medak. In this case, the grievance of the petitioner is only with regard to non disposal of the stay petition in the revision under Section 9 of the Act of 1971 filed by the petitioner before the 2nd respondent, as such, the relief sought for by the learned counsel for petitioner cannot be granted in this writ petition. The only relief that can be granted in this writ petition is to direct the 2nd

respondent to dispose of the stay petition in the revision petition filed under Section 9 of the Act of 1971.

In view of the same, the 2nd respondent is directed to dispose of the Stay petition pending in Revision Case No.F3/236/2016, dated 17.11.2016, after issuing notice to the affected parties, within a period of two weeks from the date of receipt of a copy of this order, in accordance with law. With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel to the disposal of the writ petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 31-01-2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3229 OF 2017 Date: 31.01.2017 kvs