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High Court for State of TelanganaWP/23027/2017disposed of no costs

Alapati Pedda Somaraju v. The State Of Andhra Pradesh

2017-07-12C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P.NO.23027 OF 2017

O R D E R

The 3rd respondent - Special Deputy Collector, Tribal Welfare, by order dated 16.05.2017 in Case SR.No.23/2015 directed ejectment of the petitioner from the subject land on the ground that possession and enjoyment of the petitioner over the subject land is in contravention of the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Regulation No.1 of 1959) as amended by Regulation No.1 of 1970. Against the said order, petitioner preferred an appeal within a period of two months from the date of the order, before the 2nd respondent - Additional Agent to Government / Project Officer in SRA No.32/2017 on 17.6.2017. Along with the appeal, he also filed an application seeking interim stay of the order passed by the 3rd respondent dated 16.5.2017.

The grievance of the petitioner is that the 2nd respondent has not passed any order on his stay application and even before expiry of sixty days from the date of the impugned order, the 4th respondent - Tahsildar, is making efforts to evict him. Aggrieved by the same, the present writ petition came to be filed. The learned Government Pleader for Tribal Welfare, on instructions, would submit that 2nd respondent may be given reasonable time for disposal of the appeal itself.

Having regard to the above facts and circumstances of the case and submissions of learned counsel, without expressing any opinion on merits, the writ petition is disposed of at the stage of admission, directing the 2nd respondent to dispose of either the stay application filed by the petitioner, or the appeal itself, is possible, within a period of four weeks from the date of receipt of a copy of this order. Till then, status quo obtaining as on today with regard to possession over the subject property shall be maintained. No order as to costs.

Miscellaneous petitions pending if any, shall stand closed. ------------------------------------ C.PRAVEEN KUMAR,J DATE:12-07-2017 AVS