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High Court for State of TelanganaWP/30101/2017disposed of no costs

Dharme Devidas, v. The State Of Telangana,

2017-09-06Challa Kodanda Ram1 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 30101 OF 2017 O R D E R:

Petitioner claims to have been in possession and enjoyment of the land in an extent of Ac.7.06 guntas in Survey No. 68 situated at Rampur (B) Village, Indervelly Mandal, Adilabad District, which is his ancestral property. While so, the 3rd respondent Special Deputy Collector (Tribal Welfare) passed order on 24.07.2014, directing eviction of the petitioner and restoration of the land in favour of the government. Aggrieved thereby, the petitioner carried the matter in appeal before the 2nd respondent Additional Agent to Government. Complaining that the same has not been attended to so far and meantime, an attempt has been made to evict the petitioner from the subject land, this Writ Petition is filed.

Since the Appeal filed by the petitioner is pending, without going into the merits of the matter, this Writ Petition is disposed of directing the 2nd respondent to dispose of the Appeal itself filed by the petitioner within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the order dated 24.07.2014 passed by the 3rd respondent Special Deputy Collector (Tribal Welfare) in Case No. TWB2/98/2004 stands stayed. However, it is made clear that if the petitioner does not participate in the enquiry and does not cooperate in the hearing of the Appeal, the 2nd respondent may pass the orders ex parte based on the material available on record. No costs.

Consequently, the miscellaneous Applications, if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 06th September 2017 ksld