High Court for State of TelanganaWP/30750/2017disposed of no costs

Bheemini Parvathi, v. The State Of Andhra Pradesh,

2017-09-12Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 30750 OF 2017 O R D E R:

Petitioner claims to have been in possession and enjoyment of the land in an extent of Ac.1.94 cents in Survey No. 127/1 of Thimmapuram Village, Addateegala Mandal, East Godavari District. However, the 4th respondent filed a petition against the petitioner and the 6th respondent, who is no way connected with the subject land, for eviction under the provisions of the Andhra Pradesh Scheduled Areas (Land Transfer) Regulations, since the above-said land is in the scheduled area. Entertaining the said Petition, the 3rd respondent Special Deputy Collector (Tribal Welfare) passed order on 22.11.2001, directing eviction and restoration of the land in favour of the government. Aggrieved thereby, the petitioner carried the matter in appeal i.e. C.M.A. No.

94 of 2008 before the 2nd respondent Additional Agent to Government, Rampachodavaram and the same was also dismissed vide order dated 01.08.2017. There against, the petitioner filed a Revision Case before the 1st respondent government on 26.08.2017 along with an Application seeking stay of the said order. Complaining that the same have not been attended to so far, this Writ Petition is filed.

Since the Revision filed by the petitioner is pending, without going into the merits of the matter, this Writ Petition is disposed of directing the 1st respondent to dispose of the revision case 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 01.08.2017 passed by the 2nd respondent Additional Agent to

Government in C.M.A.No. 94 of 2008 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 revision case, the 1st 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 12th September 2017 ksld