Smt.Burugu Lakshmi Kanthamma v. The State Of Andhra Pradesh Rep. By, Its
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.Nos.40279, 40302 and 40303 of 2015 COMMON ORDER:
In all these writ petitions, since there is a common ground that pending appeals stay petitions are not yet taken up and decided, the same are being disposed of by this common order.
For the sake of convenience, the facts in W.P.No.40279 of 2015 are referred to hereunder:- There are ten petitioners in this writ petition, who are stated to have been served with eviction orders, dated 03-06-2015 under Section 6 of the A.P.Land Encroachment Act, 1905, proposing to evict them from the land admeasuring Ac.0-03 cents each in Sy.Nos.62/1, 62/3 and 62/4 situated at Peda Komera Village, Gampalagudem Mandal, Krishna District. Aggrieved by the said orders, they have filed a common appeal under Section 10 of the Act on 19-08-2015 before the 2nd respondent along with an application for stay. The petitioners contend that each order of eviction is identical bearing same date and as such, a common appeal was filed. In any case, it is for the 2nd respondent to examine the matter and take appropriate decision in the appeals. However, the stay petitions of the petitioners deserve to be considered and disposed of at an early date, as the petitioners are seriously apprehending eviction by execution of Section 6 orders.
Since the petitioners' appeals along with stay applications are pending for the last four months, it is appropriate to direct the 2nd respondent to fix an early date within a week from the date of receipt of a copy of this order, in all such appeals, and pass appropriate orders atleast to the extent of stay petitions. Till appropriate orders are passed by the 2nd respondent, status-quo with regard to the present position, existing as on today, shall be maintained.
Accordingly, the writ petitions are disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_______________________ VILAS V.AFZULPURKAR, J Date: 11-12-2015 Prv
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.Nos.40279, 40302 and 40303 of 2015
11-12-2015 Prv