M.A. Kashif Khan, S/O M.A. Arshad, v. The State Of Telangana, Through Its

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 161 of 2016 BETWEEN M.A.Khasif Khan ... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department and others ...RESPONDENTS Date of Order pronounced: 05.01.2016 ORDER:- Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

2. Against the orders of the Tahsildar, Amberpet Mandal, Hyderabad District in Proceedings No.A/456/15 dated 09.06.2015, petitioner preferred an appeal under Section 10 of the A.P.Land Encroachment Act, 1905 (for brevity, "the Act") before the Collector, Hyderabad District, in August, 2015. The said appeal is stated to be now numbered as E/7/3081/2014 of 2015. Petitioner claims the property under valid document and denies that it is amenable to the aforesaid Act. Hence, questioning the order passed by the

Tahsildar under Section 6, the aforesaid appeal is pending before the second respondent and seeking early hearing and disposal of the said appeal the present writ petition is filed.

3. Keeping in view the nature of the issue involved, in my view, the appeal can as well be heard and disposed of by the second respondent in the next three months after fixing date for hearing and after considering the record.

4. The Writ Petition is, accordingly, disposed of directing the second respondent to fix a date for hearing and dispose of the appeal preferably within three months from the date of receipt of a copy of the order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J January 5, 2016 LMV