Arkela Praveen Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.28891 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the 4th respondent-Tahsildar in mutating the name of the 5th respondent in the revenue records in respect of the agricultural land of the petitioner admeasuring Ac.0.17 gts situated in Sy.No.359 of Kamareddy Town and for not passing any orders in the stay petition filed along with the Revision filed before the 2nd respondent-District Collector, as illegal and arbitrary.

Since this Court is not going into the merits of the case, it may not be necessary to issue notice to the respondents. However, with the consent of both the parties, the writ petition is disposed of at the admission stage.

The main grievance of the petitioner is that though the petitioner filed a stay petition along with the revision before the 2nd respondent on 17.7.2018, the 2nd respondent-District Collector did not pass any orders so far either in the stay petition or in the revision. Learned Government Pleader for Revenue would submit that since the revisional matters are to be dealt with by the Joint Collector and as the said post is vacant, the 2nd respondent-District Collector is not able to hear the matter due to paucity of time. But, however, if some time is given to the 2nd respondent, the 2nd respondent-District Collector would pass the orders in the stay application filed along with the revision petition.

Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent-District Collector, to consider and pass appropriate orders in the stay petition filed along with the Revision Case No.222/2018 under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 read with 5-B of A.P. R.O.R Act,

as early as possible preferably within a period of three weeks from today, in accordance with law after giving the reasonable opportunity of hearing to all the concerned. Till such time, the 4th respondentTashildar, is prohibited from making any changes in the revenue records in respect of the subject land.

With the above direction, the writ petition is disposed of. No order as to costs. As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated:20.08.2018.

Gk

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.28891 OF 2018 Date:20.08.2018 Gk