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High Court for State of TelanganaWP/28061/2016disposed of no costs

P. Venugopal Reddy, v. The State Of Andhra Pradesh,

2016-08-26A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.28061 of 2016 ORDER:

This writ petition, filed under Article 226 of the Constitution of India, prays for a direction to respondent No.2-District Collector, Y.S.R.Kadapa to dispose of the appeal said to have been preferred by the petitioner on 15.07.2016 against the order of respondent No.3-Revenue Divisional Officer vide proceedings D.Dis.No.E2.572/2016, dated 06.07.2016. Heard the learned counsel for the petitioner so also the learned Government Pleader for Revenue appearing for the official respondents.

Respondent No.3-Revenue Divisional Officer (Panchayats), Kadapa Division, vide proceedings D.Dis.No.E2.572/2016, dated 06.07.2016, accorded permission for conversion of the land usage pertaining to Survey No.406/2B of Chemullapalle Gram Panchayat, Khajipet Mandal, YSR Kadapa District. According to the learned counsel for the petitioner, aggrieved by the said order, the petitioner herein filed a statutory appeal under the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006.

The grievance of the petitioner precisely in the writ petition is that though he filed an appeal on 15.07.2016 together with an application seeking suspension of the order passed by respondent No.3, no action has been taken thereon by respondent No.2District Collector (Panchayats), YSR Kadapa. It is also the submission of the learned counsel for the petitioner that taking advantage of the silence on the part of respondent No.2, respondent No.5, at the instance of respondent Nos.2 and 4, is

highhandedly constructing a building without there being any approved lay out.

Having regard to the nature of controversy and the submissions made by the learned counsel for the petitioner, this Court is of the considered opinion that ends of justice would be served if respondent No.2 is directed to pass orders on the appeal said to have been preferred by the petitioner on 15.07.2016, by fixing some time.

For the aforesaid reasons, the writ petition is disposed of directing respondent No.2 to pass appropriate orders on the appeal said to have been preferred by the petitioner on 15.07.2016 against the orders of respondent No.3 vide D.Dis.No.E2.572/2016, dated 06.07.2016, within a period of six weeks from the date of receipt of this order, after giving a notice and an opportunity of being heard to all the stake holders, including the petitioner and respondent No.5.

Consequently, Miscellaneous Petitions, if any pending in this civil revision petition shall stand disposed of. There shall be no order as to costs.

_________________ A.V.SESHA SAI, J Dt:26.08.2016.

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