Maddu Chinna Atchiyya Naidu, v. The Additional Agent To Government

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.24898 OF 2016 O R D E R :

Petitioners made an application for grant of Settlement Patta under Section 7 and 9 of A.P. Scheduled Area Ryotwari Settlement Regulation before the Settlement Officer, Anakapalli.

2. Petitioners allege that the said application was dismissed and that they preferred an appeal before the Director of Settlement in Appeal No.407/79(G1); that the said appeal was also dismissed on 31.10.1997; and that they preferred a further appeal to the Commissioner of Appeals in Appeal No.L2/191/2012.

3. Petitioners contend that on 20.04.2016, the 2nd respondent, on a complaint made by the father of respondents 5 and 6, passed order in LTR Case No.383/1992 directing eviction of the petitioners and also restoration of the land to the father of respondents 5 and 6.

4. Aggrieved by the said order, the petitioners preferred an appeal A.S.No.2 of 2016 before the 1st respondent on 06.06.2016 and in the meantime the respondents 1 to 3 are trying to evict the petitioners.

5. The Government Pleader for Social Welfare appearing for respondents 1 to 4 states that the 1st respondent will dispose of the said appeal within a period of three (03) months from the date of receipt of a copy of this order and communicate his decision thereon to the petitioner.

6. In view of the said submission, this Writ Petition is disposed of directing the 1st respondent to decide A.S.No.2 of 2016 preferred by the petitioners before him within a period of three (03) months from the

date of receipt of a copy of this order. Pending disposal of the said appeal, there shall be stay of eviction of the petitioners pursuant to the order dt.20.04.2016 in LTR Case No.383/1992 passed by the 2nd respondent. There shall be no order as to costs.

7. Consequently, Miscellaneous Petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J 28th July, 2016.

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