Boinapalli Ramarao, S/O. (Late) Boinapalli Pichaiah, v. The Special Deputy Collector, Tribal Welfare, State Of

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.5181 of 2017 ORDER:

The petitioner states that his father purchased the land of an extent of Ac.1.10 guntas in Survey No.101 situated at Vutupalli Village on 19.04.1961 from the original pattadar, late Sadium Bojji - the father of the third respondent. Proceedings were taken before the Agency Divisional Officer, Palvoncha, on the ground that the transfer violated the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulations. The Agency Divisional Officer passed an order of ejectment on 10.11.1987. Against the said order, the petitioner preferred an appeal to the Additional Agent to Government, Bhadrachalam, and produced evidence. But, the appeal was dismissed on 28.08.2004 confirming the orders of the primary authority.

When the said order was challenged before this Court, this Court set aside the order and remanded the matter to the appellate authority. After remand, the appellate authority dismissed the appeal on 19.11.2016 confirming the orders of the primary authority. Against the same, the petitioner preferred a revision on 30.01.2017 to the fifth respondent along with an application for stay. When the same is not disposed of, the present Writ Petition is filed.

Learned Counsel for the petitioner submits that because of non-disposal of the stay application, the authorities are threatening to evict the petitioner.

Even after service of papers on the learned Counsel for the Government, none appeared for the Government. In the circumstances, without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the fifth respondent to take up the stay application filed in the pending revision petition filed against the order dated 19.11.2016 in C.M.A.No.38 of 2003, and dispose of the same as expeditiously as possible, but not later than four weeks from the date of receipt of a copy of this order. Till the disposal of the said stay application, the status quo prevailing as on today shall be maintained.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 15.02.2017 vs