Smt.K.Sakunthaiamma W/O Sankaraiah v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.12021 OF 2016 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.

2. The petitioner questions the order dated 21.03.2016 passed by the 2nd respondent rejecting the stay application in an appeal filed by her challenging the orders of the 3rd respondent dated 17.12.2014 cancelling the assignment patta granted to her.

3. Admittedly, the said appeal was admitted on 12.02.2015 and the stay application was not considered immediately and the same had been rejected on 21.03.2016.

4. Rejection of the stay application pending appeal practically renders the appeal infructuous. Also the order rejecting the stay application is very cryptic and does not disclose any examination of the contentions raised by the petitioner in the appeal filed by her before the 2nd respondent even prima facie.

5. Therefore, the Writ Petition is allowed and the order dated 21.03.2016 passed by the 2nd respondent is set aside. The 2nd respondent is directed to decide the appeal filed by the petitioner which is pending on his file within three months from the date of receipt of a copy of this order. Pending disposal of the said appeal, there shall be stay of all further proceedings pursuant to the order dated 17.12.2014 passed by the 3rd respondent. There shall be no order as to costs.

6. Consequently, the Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________________ M.S. RAMACHANDRA RAO, J Date:12.04.2016 KH