Pillutla Madhu , Malsoor v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24753 of 2016 ORDER:

In this Writ Petition, the petitioner impugns the action of the respondents in trying to dispossess him from the land in an extent of Ac.1.25 guntas in Survey No. 970 situated at Seetharampuram Village, Chilkur Mandal, Nalgonda District, pending disposal of the Revision before the 2nd respondent Joint Collector, Nalgonda District. The case of the petitioner is that he has been assigned the above extent of land on 31.03.2007 and since then, he has been in possession and enjoyment of the said land. While so, on 01.05.2012, the Tahsildar, Chilkur Mandal, the 4th respondent herein, has served the notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the petitioner was in occupation of Acs.10.00 of government land and hence, asked to vacate the same.

Though the petitioner submitted his objections, the 4th respondent vide order dated 28.06.2012, directed the Mandal Revenue Inspector and the Village Revenue Officer to take possession of Acs.10.00 of land from the petitioner. Calling in question the said order, the petitioner preferred an Appeal to the 3rd respondent Revenue Divisional Officer, Suryapet, which came to be dismissed on 02.04.2016. There against, a Revision has been filed on 08.06.2016 before the 2nd respondent along with an Application for stay. It is now alleged that pending consideration of the said Petitions, the 4th respondent is trying to evict the petitioner from the subject land.

Heard learned counsel for the petitioner as well as learned Government Pleader for Revenue (Telangana).

Inasmuch as the petitioner has already filed the Revision Petition before the 2nd respondent, without going into the merits of the matter any further, it would be expedient in the interests of justice to direct the latter, to consider and dispose of the said Revision within a fixed time-frame.

The 2nd respondent Joint Collector is therefore, directed to consider and dispose of the Revision within 12 weeks from the date of receipt of a copy of this order. Till then, the order dated 02.04.2016 passed by the 3rd respondent Revenue Divisional Officer shall stand stayed. It is needless to mention that the petitioner shall not be dispossessed from the subject land till the 2nd respondent decides the Revision Petition. With this, the Writ Petition stands disposed of. No costs. Consequently, the Miscellaneous Applications, if any shall also stand disposed of.

_____________________________ CHALLA KODANDA RAM, J.

26th July 2016

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