Katta Ashok v. The State Of Telangana

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P. No. 34894 of 2018 ORDER:

Heard the learned counsel for the petitioner and Sri Sampath Prabhakar Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation.

2.

The present writ petition came to be filed seeking a writ of mandamus declaring the action of 2nd and 3rd respondents herein in not passing any interim orders or disposing the revision in File No.72/ 2018, which is pending before the 2nd respondent herein, as illegal, improper and incorrect.

3.

The learned counsel for the petitioner mainly submits that though the order of the 3rd respondent-the Revenue Divisional Officer came to be passed on 16.05.2018, the same was received by the petitioner on 28.05.2018, and before he could take steps for filing a revision before the 2nd respondent under Section 10(2) of the A.P. Land Encroachment Act, the authorities demolished the structure on 26.05.2018. The grievance of the petitioner is that though he filed a revision on 07.06.2018, which came to be numbered as No. 72/ 2018, and also filed an application therein seeking an interim order, no steps have been taken by the respondents on the same, inspite of the fact that as per Section 10(2) of the A.P. Land Encroachment Act, pending disposal of any

appeal or petition for revision, the District Collector or the Board of Revenue, as the case may be, may suspend the execution of the order appealed against or sought to be revised. 4.

Having regard to the above, the writ petition is disposed of at the admission stage, directing the 2nd respondent herein to forthwith pass an order in the interim application filed by the petitioner along with the revision in No. 72/ 2018, in accordance with law, within a week from today. There shall be no order as to costs. As a sequel thereto, Miscellaneous Petitions, if any, pending in this writ petition, shall stand closed.

_________________________ JUSTICE C.PRAVEEN KUMAR 27.09.2018 DMG