Smt. Aziz Bee v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 34419 of 2018 ORDER:

1) Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of respondent No.4 in entering the names of respondent Nos.5 to 9 in the revenue records against the land of the petitioner in Survey No.58/EE3(58/EE2), admeasuring Ac.1.34 cents situated at Kagazmaddur village, Narsapur mandal, Medak district, as illegal and arbitrary.

3) At the time when the matter is taken up for hearing, learned counsel for the petitioner would submit that the petitioner preferred an appeal before the Revenue Divisional Officer - respondent No.3, under Section 5 of the Record of Rights Act, in the month of August, 2018, but till date the same is not taken up for consideration.

4) On the other hand, learned Government Pleader would submit that the appeal is filed in the month of August, 2018 only and in view of elections in the Telangana region, it may take some time for the authorities to take up these matters. 5) It is to be noted here that the petitioner has not made any application seeking any interim relief. Learned counsel

for the petitioner would submit that the petitioner would make an application seeking interim relief, in which event, the authorities may be directed to consider the same, in accordance with law, forthwith.

6) Having regard to the above, the petitioner shall make an application in the appeal filed by her, seeking interim relief, forthwith, in which event, the appellate authority shall pass orders in the interim application filed in the appeal, in accordance with law, after hearing all the concerned, as early as possible, preferably within a period of four to six weeks from the date of filing of the interim application. Till such time, status-quo, as on today, to be maintained, in respect of the entries in revenue records.

7) Accordingly, the writ petition is disposed of at the admission stage.

8) Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. _______________________________ JUSTICE C. PRAVEEN KUMAR 25.09.2018 vhb