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High Court for State of TelanganaWP/11523/2008dismissed as infructuous

Marisetti Satyanarayana, v. The Regional Joint Commissioner, Multi Zone-I

2015-09-22A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.11523 OF 2008

O R D E R

This writ petition is filed declaring the action of the 1st respondent in dismissing the order dated 31.12.2007 in Appeal No.126/2007 confirming the order of the 2nd respondent in Rc.No.A4/4722/2005 dated 06.07.2006 by not considering the representation filed by the petitioner for continuing him as tenant of dry land belonging to the 3rd respondent admeasuring Ac.4.00 cents in Rs.No.38/1 and 51 situated at Gopavaram (V), Nidadavole (M), West Godavari District, as illegal and arbitrary and for a consequential direction to the respondents to drop all further proceedings with respect to notice dated 23.05.2008 for conduct of public auction of the schedule land.

The auction proposed to be conducted in 2008 was for a grant of lease hold rights for a period of 3 years. This Court, at the time of admission, granted interim order dated 29.05.2008 for a period of six weeks only. Therefore, by efflux of time, the lease period itself has expired.

Learned counsel for the petitioner relied on judgment dated 22.05.2008 in W.P.No.10864 of 2008.

But in this case, since the interim order granted was only for a period of 6 weeks and that the period of lease sought to be granted by way auction in the year 2008 is already over, no relief as sought for can be granted.

Accordingly, the writ petition is dismissed as infructuous. However, it is open for the petitioner to work out his remedies available under law. No order as to costs.

As a sequel, miscellaneous petitions pending if any, shall stand closed.

____________________________ A.RAJASHEKER REDDY,J Date: 22.09.2015 dv