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High Court for State of TelanganaWP/38089/2016disposed of no costs

Aparadapu Komuraiah, v. State Of Telangana,

2016-11-07C.Praveen Kumar3 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.38089 of 2016 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

".... declaring the action of the Respondents in trying to dispossess the petitioners from their owned and possessed agricultural lands comprised in Survey No.341 and its subdivisions, situated at Narsmpet Village and Mandal, District Warangal Rural, which is a patta land treating the same as assigned land, even during the pendency of the appeal and while keeping the stay applications pending without there being any order, filed by all the petitioners herein along with the appeals, bearing Nos.802 to 811 and 823 of 2016, pending on the file of the 3rd Respondent, preferred challenging the orders of the 4th Respondent, dated 7.5.2016, bearing No.B/133/2016, as illegal, arbitrary, unreasonable, unjust, opposed to the principles of natural justice, and infringement of Fundamental and Constitutional Rights guaranteed under Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners herein from their respective lands without adopting the due process of law." 2.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. With their consent, the writ petition is disposed of at the stage of admission.

3.

Learned counsel for the petitioners would submit that though the petitioners preferred an Appeal bearing Nos.802 to 811 and 823 of 2016 before the 3rd respondent-Revenue Divisional Officer, Narsampet Division, Warangal, aggrieved by the orders, dated 07.05.2016 in file No.B/133/2016 passed by the Tahsildar, Narsampet, till date no orders are passed. He further submits that along with the appeals, stay applications are filed, but no orders are passed till date.

4.

As seen from the record, notices have been issued to the contesting respondents therein and the matter is being listed for appearance. The record discloses that stay applications filed by the petitioners along with appeals are not considered till date. 5.

Having regard to the facts and circumstances of the case and considering the submissions made by learned counsel for the petitioners, the Writ Petition is disposed of directing the 3rd respondentRevenue Divisional Officer, Narsampet Division to consider the interim stay applications filed by the petitioners along with appeals, as early as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. Till such time, status quo in all respects shall be maintained with regard to property in dispute. 6.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

_______________________________ JUSTICE C. PRAVEEN KUMAR NOVEMBER 07, 2016 YVL

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.38089 of 2016 Date:07.11.2016 YVL