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High Court for State of TelanganaWP/29628/2017disposed of no costs

M. Lalitha v. The State Of Telangana,

2017-09-01P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.29628 of 2017 Date: 01.09.2017 Between:

M.Lalitha W/o Ramulu, Aged 42 years, Occu:Cultivation & Housewife, R.i.H.No.1-7-171/1, ECIL Main Road, Khapra Municipal Circle-I, Hyderabad, Telangana State and others.

.....Petitioners and The State of Telangana, rep.by the Principal Secretary, Revenue Department (Assignment), T.S. Secretariat, Hyderabad and others .....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.29628 of 2017 ORDER:

The competent authority passed orders under the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (Act, 1977) holding violation of the assignment granted to the assignees and ordered for resumption of land. Aggrieved thereby, petitioners filed the appeal. Along with the appeal, petitioners also filed stay application.

2.

This writ petition is filed alleging that even before the appeal and stay application are considered, respondents came to the subject land and demolished the servant room and now are forcibly taking possession. The photographs are enclosed at page nos.52 and 53 to show that constructions made were already demolished. 3.

Petitioner filed copy of the appeal as well as stay application and acknowledgement of RDO's Office on 19.08.2017. If appeal is filed along with stay application as stated by the counsel for petitioners and the same are pending consideration, the appellate authority is directed to consider the stay application within a period of three weeks from the date of receipt of a copy of this order. Till a decision is taken on the stay application, respondents as well as petitioners shall maintain status quo obtaining as on today. In other words, if possession is not taken, the respondents shall not take possession by displacing the petitioners. Similarly, if petitioners are in possession, they shall not undertake any further construction in the subject land till the orders are made by the appellate authority on the stay application.

4.

Writ petition is disposed of accordingly. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 01.09.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.29628 OF 2017 Date: 01.09.2017 kkm