Rasamalla Saraiah, v. The Agency Divisional Officer,
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION NO. 21929 of 2017 ORDER :
Heard both sides. With the consent of both parties the writ petition is disposed of at the admission stage. 2.
The present writ petition came to be filed seeking issuance of writ of mandamus questioning the action of respondents seeking eviction of the of the petitioner from patta land situated in Survey No.286 admeasuring Ac.1.05 guntas situated in Irsulapuram Village of Bayyaram Mandal of Mahabubabad (Khammam) District, pursuant to the orders passed by the Agency Divisional Officer, Kothagudem in LTR Case Nos.8/ 2015/ BYM, dated 27.02.2016.
3.
As seen from the impugned order, against the order passed by Agency Divisional Officer, an appeal lies to the Additional Agent to the Government/ Project Officer, I.T.D.A., within a period of 60 days from the date of receipt of a copy of the order. 4.
Learned counsel for the petitioner would submit that the order came to be passed without his knowledge and he was not made a party to the said proceedings. However, he submits that he may be permitted to file an appeal with an application to condone the delay. The same is seriously opposed by the learned Government Pleader stating that the impugned order came to be passed in the month of February, 2016, but the same is questioned now with an abnormal delay.
5.
Taking into consideration the rival submission made, the writ petition is disposed of directing the petitioner to avail the remedy of appeal provided in the Land Transfer Regulation. Further, having regard to the circumstances of the case, status-quo as on today, shall be maintained with regard to the property in dispute, for a period of six weeks. No costs.
Consequently, miscellaneous petitions, if any pending, shall stand closed.
_________________________ JUSTICE C. PRAVEEN KUMAR 05.07.2017 Note:
Issue CC by tomorrow.
B/ o.
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