Ch Nagabhushanam v. The Government Of A.P. Rep. By Its Prl. Secretary,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL NO: 953 OF 2018 Writ Appeal under clause 15 of the Letters Patent appeal filed against the order dated 5-09-2017 passed in writ petition No. 10282 of 2012 on the file of the High Court.

Between:

Late Veeraiah, Aged 60 Soujanya Colony, Bapuji, years, Occ Bowen pa Ily, Chakali Nagabhushanam S/o Washerman, R/o HNo 1-26-23, Secunderabad SECUNDRABAD ...APPE LLANT/PETITIONER AND

1. The Government of A.P. Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad. HYD

2. The District Collector, Hyderabad District.

3. The Revenue Divisional Officer, Secunderabad Division, Hyderabad.

4. The Tahsildar, Tirumalagiri IVlandal, Secunderabad Divn., Hyderabad District. ...RESPONDENTS/RESPONDENTS IA NO 1 0F 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the orders passed in WP No.1028212012 dated 05.09.2017 and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case.

Counsel for the Appellant:SRl. MUMMANENI SRINIVASA RAO Counsel for the Respondents: GP FOR REVENUE The Court delivered the following:

THE HON'BLE THE CHIEI' JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL No.953 of2018 JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chartdra Shartna) The present writ appeal is arising out of an order dated 05.09.2017 passed by the learned Single Judge in W.P.No.10282 of 2012.

The facts of the case reveal that the writ petition was preferred by the appellant/writ petitioner being aggrieved by the action of the respondents in trying to demolish the house of the appellant/writ petitioner situated in Survey No.9, bearing door No.1-26-23 at Thokatta Village, Thirumalgherry Mandal, Soujanya Colony, Bapuj i Nagar, Bowenpally, Secunderabad' The learned Single Judge while disposing of the writ petition, in paragraphs 6 to 8 has held as under:- '6) It is to be noted here that the request of the petitioner in the writ petition that the action of the

) \ respondent in trying to take possession of the land without passing any orders on the applicadon for regularization said to have been made by him in the year 2005 is illegal, improper and incorrect. The material placed before the Court would show that vide memo dated 26.04.2008, the petitioner was informed about the issuance of new G.O.Ms.No.166 and he was requested to file a fresh application for transfer of rights in terms of the said G.O. Therea-fter the petitioner made an application which was rejected on 23.12.2010 vide proceedings in File No.R2 /5858/2008. The record a.lso shows that another notice was issued under Section 7 of the Land Encroachment Act on 31.O3.2O12. An explanation was said to have been submitted by the petitioner to the said notice, but no orders are passed on the said expla:ration till date.

Though an attempt was sought to be made that the petitioner is not in possession of the land and that the entire area is now handed over to Central Institute of Hindi, who are in possession of the land, but the petitroner claims to be in possession of the same. This being a question of fact, no Iinding can be given on the said aspect. By an order dated 12.04.2012, this Court granted status quo as on I2,O4.2O12 with regard to possession, which was initially for a period of four weeks but later extended to until further orders.

J period of four (04) weeks from the date of receipt of a copy of the order.

7\ With the above direction, the writ petition is disposed of. There shall be no order as to costs. 8) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed." I t I The aforesaid findings of fact arrived at by the learned Single Judge revea,l that proper notice was issued to the appellant/writ petitioner under Section 7 of the Land Encroachment Act and the appellant/writ petitioner has filed a reply in the matter. The learned Single Judge has directed the authorities not to take any coercive action till a fina-l order is passed in the matter.

In the considered opinion of this Court, once the learned Single Judge has granted an order and has permitted the authorities to take a final decision in the matter, no further orders are required to be passed in the writ appeal

.t The writ appeal stands disposed of accordingly. The miscellaneous applications pending, if any, sha]i stand closed. There shall be no order as to costs. I SD/.K.SREINIVASA RAO JOINT REGISTRAR 1'

,TRUE COPY// SECTION OFFICER To, The Prl. Secretary, Revenue Department, Government of A.P. Secretariat, Hyderabad.

The District Collector,, Hyderabad District.

The Revenue Divisional Officer,, Secunderabad Division, Hyderabad. The Tahsildar,, Tirumalagiri Mandal, Secunderabad Division, Hyderabad District.

One CC to Sri, Mummaneni Srinrvasa Rao, Advocate IOPUC] Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT] Two CD Copies.

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HIGH COURT DATED'.2310312022 .;UAN \ \4!

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JUDGMENT

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WA.No.953 of 2018 Disposing of the WP Without costs.

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